REPUBLIC VRS KODZOKUMA (B3/01/2022) [2022] GHADC 366 (8 September 2022)

The accused was found guilty of threat of harm as the evidence established he threatened the complainant with harm, but acquitted on the charge of offensive conduct conducive to breach of the peace as the incident did not occur in a public place and there were no witnesses.

Citation: [2022] GHADC 366
Parties: Prosecution: The Republic; Accused: Winfred Kodzokuma
Court: District Court
Jurisdiction: Ghana
Judgment Date: 8 September 2022
Case Number: B3/01/2022
Procedural Posture: Criminal / Judgment
Outcome: Convicted on count 1 (threat of harm), acquitted and discharged on count 2 (offensive conduct)
Legal Topics: Threat of Harm, Offensive Conduct, Breach of the Peace
Source Language: English

Criminal Law Threat of Harm Offensive Conduct Breach of the Peace

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Winfred Kodzokuma

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused threatened the complainant with harm contrary to Section 74 of the Criminal Offences Act 29/60
2 Whether the accused committed offensive conduct conducive to breach of the peace contrary to Section 207(1) of Act 29/60

Ratio Decidendi

Court Disposition

Convicted on count 1 (threat of harm), acquitted and discharged on count 2 (offensive conduct)

Orders

Accused to sign a bond to be of good behavior for six months or in default serve two weeks’ imprisonment with hard labor on count 1
Accused acquitted and discharged on count 2