REPUBLIC VRS ADAMS 6 OTHERS (62/2023) [2024] GHACC 326 (17 October 2024)

REPUBLIC VRS ADAMS 6 OTHERS (62/2023) [2024] GHACC 326 (17 October 2024)

Prosecution failed to establish a prima facie case of abetment against A1-A4 and unlawful damage against all accused. Evidence showed a fight occurred between A5 and the complainant, with A5 hitting the complainant, thus proving assault against A5. No sufficient evidence was found against A6 for assault or against any accused for unlawful damage.

Citation
REPUBLIC VRS ADAMS 6 OTHERS (62/2023) [2024] GHACC 326 (17 October 2024)
Parties
Prosecution: The Republic; Accused: Jinche Adam; Accused: Hawa Iddrisu (A5); Accused: Nafisah Iddrisu (A6); Accused: Ama Adam (A7, deceased); Accused: Kwabena Nkwanta (A2); Accused: Kwadwo Alhassan (A3); Accused: A4 (not fully named); Complainant: Safura Adam; Complainant: Afishatu Adam
Court
ghacc
Jurisdiction
Ghana
Judgment Date
17 October 2024
Procedural Posture
Criminal / Judgment
Outcome
A5 convicted of assault and sentenced to a bond of good behaviour for 6 months or 30 days imprisonment in default; A6 acquitted and discharged; A1-A4 acquitted and discharged on abetment; all accused acquitted and discharged on unlawful damage.
Legal Topics
Abetment of Crime, Assault, Unlawful Damage, Burden of Proof, Sentencing
Source Language
eng
Criminal Law Abetment of Crime Assault Unlawful Damage Burden of Proof Sentencing

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Parties

The Republic

Prosecution

Jinche Adam

Accused

Hawa Iddrisu (A5)

Accused

Nafisah Iddrisu (A6)

Accused

Ama Adam (A7, deceased)

Accused

Kwabena Nkwanta (A2)

Accused

Kwadwo Alhassan (A3)

Accused

A4 (not fully named)

Accused

Safura Adam

Complainant

Afishatu Adam

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons abetted a criminal offence under section 20(1) of Act 29
  2. 2 Whether the accused persons committed assault under section 84 of Act 29
  3. 3 Whether the accused persons caused unlawful damage under section 172(1)(a) of Act 29

Ratio Decidendi

Prosecution failed to establish a prima facie case of abetment against A1-A4 and unlawful damage against all accused. Evidence showed a fight occurred between A5 and the complainant, with A5 hitting the complainant, thus proving assault against A5. No sufficient evidence was found against A6 for assault or against any accused for unlawful damage.

Court Disposition

A5 convicted of assault and sentenced to a bond of good behaviour for 6 months or 30 days imprisonment in default; A6 acquitted and discharged; A1-A4 acquitted and discharged on abetment; all accused acquitted and discharged on unlawful damage.

Orders

  • A5 to sign a bond to be of good behaviour for 6 months or serve 30 days imprisonment in default.