The Republic Vrs Toka [2023] GHACC 160 (30 March 2023)

The Republic Vrs Toka [2023] GHACC 160 (30 March 2023)

The prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with fear of death; the evidence was essentially oath against oath, and the accused's version was consistent and uncontradicted, warranting acquittal.

Citation
[2023] GHACC 160
Parties
Prosecution: The Republic; Accused: Miheso Toka
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 March 2023
Procedural Posture
Criminal / Judgment
Outcome
Acquittal and discharge
Legal Topics
Threat of Death, Burden of Proof, Credibility of Witnesses
Source Language
English
Criminal Law Threat of Death Burden of Proof Credibility of Witnesses

Case Brief

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Parties

The Republic

Prosecution

Miheso Toka

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused person threatened Yawa Akakpo with fear of death

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with fear of death; the evidence was essentially oath against oath, and the accused's version was consistent and uncontradicted, warranting acquittal.

Court Disposition

Acquittal and discharge

Orders

  • The accused Miheso Toka is acquitted and discharged on the charge of Threat of Death.