REPUBLIC VRS TORGBADZA (CC3/02/2023) [2021] GHADC 6 (30 April 2021)

REPUBLIC VRS TORGBADZA (CC3/02/2023) [2021] GHADC 6 (30 April 2021)

The prosecution proved beyond reasonable doubt that the accused chased the complainant with a cutlass, threatened her with death, and put her in fear of death, satisfying the elements of the offence under Section 75 of the Criminal Offences Act, 1960 (Act 29). The accused's evidence was inconsistent and failed to raise reasonable doubt.

Citation
[2021] GHADC 6
Parties
Prosecution: The Republic; Accused: Frazer Kofi Torgbadza
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 April 2021
Case Number
CC3/02/2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Threat of Death, Burden of Proof, Standard of Proof, Evidence Assessment
Source Language
English
Criminal Law Threat of Death Burden of Proof Standard of Proof Evidence Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Republic

Prosecution

Frazer Kofi Torgbadza

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused issued a threat of death to the complainant with intent to put her in fear of death

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused chased the complainant with a cutlass, threatened her with death, and put her in fear of death, satisfying the elements of the offence under Section 75 of the Criminal Offences Act, 1960 (Act 29). The accused's evidence was inconsistent and failed to raise reasonable doubt.

Court Disposition

Conviction and sentence

Orders

  • Accused convicted of Threat of Death contrary to Section 75 of the Criminal Offences Act, 1960 (Act 29)
  • Accused sentenced to a fine of 100 penalty units, in default 12 months imprisonment