REPUBLIC VRS LAVIE (CC50/2023) [2023] GHACC 860 (20 November 2023)

REPUBLIC VRS LAVIE (CC50/2023) [2023] GHACC 860 (20 November 2023)

The prosecution proved beyond reasonable doubt that the accused threatened the complainants with death, satisfying the elements of Section 75 of Act 29/60. The accused's failure to challenge the evidence and his own admissions supported conviction.

Citation
[2023] GHACC 860
Parties
Prosecution: The Republic; Accused: Emmanuel Lavie
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
20 November 2023
Case Number
CC50/2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction on all three counts of threat of death; sentenced to fines or imprisonment in default, sentences to run concurrently.
Legal Topics
Threat of Death, Burden of Proof, Sentencing
Source Language
English
Criminal Law Threat of Death Burden of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Emmanuel Lavie

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused threatened the complainants with death contrary to Section 75 of Act 29/60
  2. 2 Whether the prosecution proved the offence beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused threatened the complainants with death, satisfying the elements of Section 75 of Act 29/60. The accused's failure to challenge the evidence and his own admissions supported conviction.

Court Disposition

Conviction on all three counts of threat of death; sentenced to fines or imprisonment in default, sentences to run concurrently.

Orders

  • Fine of 500 penalty units or 3 years imprisonment on count one
  • Fine of 300 penalty units or 2 years imprisonment on count two