Republic Vrs Wumanyo [2023] GHADC 518 (7 February 2023)
The prosecution proved beyond reasonable doubt that the accused threatened the complainant with unlawful harm, satisfying the elements of the offence under section 74 of Act 29. The accused's denial was not credible, and the objective was to prevent the complainant from offloading cement through threats.
- Citation
- Republic Vrs Wumanyo [2023] GHADC 518 (7 February 2023)
- Parties
- Complainant: The Republic; Accused: Anthony Wumanyo
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 7 February 2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- Conviction
- Legal Topics
- Threat of Harm, Burden of Proof, Sentencing
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Complainant
Anthony Wumanyo
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused threatened to cause harm to the complainant
- 2 Whether the accused's actions created an expectation of harm in the mind of the complainant
- 3 Whether the accused intended his actions to produce an expectation of harm
Ratio Decidendi
The prosecution proved beyond reasonable doubt that the accused threatened the complainant with unlawful harm, satisfying the elements of the offence under section 74 of Act 29. The accused's denial was not credible, and the objective was to prevent the complainant from offloading cement through threats.
Court Disposition
Conviction
Orders
- Accused sentenced to twenty-five (25) penalty units
- In default, three months imprisonment
Full Case Text
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