The Republic Vrs Tohagbe [2023] GHACC 159 (5 June 2023)

The Republic Vrs Tohagbe [2023] GHACC 159 (5 June 2023)

The court found the prosecution's case more credible than the defence, noting material inconsistencies in the defence's evidence and preferring the prosecution's witnesses. The prosecution proved beyond reasonable doubt that the accused threatened the complainant with death, satisfying the elements of the offence under Section 75 of Act 29.

Citation
[2023] GHACC 159
Parties
Prosecution: The Republic; Accused: Mama Tohagbe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
5 June 2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction
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

Mama Tohagbe

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused person threatened Charles Sarfohene Dontoh with fear of death

Ratio Decidendi

The court found the prosecution's case more credible than the defence, noting material inconsistencies in the defence's evidence and preferring the prosecution's witnesses. The prosecution proved beyond reasonable doubt that the accused threatened the complainant with death, satisfying the elements of the offence under Section 75 of Act 29.

Court Disposition

Conviction