Republic Vrs Gbemadeko [2022] GHADC 294 (3 October 2022)

Republic Vrs Gbemadeko [2022] GHADC 294 (3 October 2022)

The accused admitted to hitting the complainant with the back of a cutlass during a misunderstanding, and the court found that this constituted unlawful assault as the use of force was not justified under the law. The accused's claim of self-defence was not supported by the evidence, and the slightest actual touch with the required intention suffices for assault and battery under the law.

Citation
[2022] GHADC 294
Parties
Prosecution: The Republic; Accused: Dzogbeshie Gbemadeko; Complainant: Aku Gbemadeko
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 October 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Assault, Burden of Proof, Self Defence
Source Language
English
Criminal Law Assault Burden of Proof Self Defence

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 6 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Republic

Prosecution

Dzogbeshie Gbemadeko

Accused

Aku Gbemadeko

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully assaulted the complainant
  2. 2 Whether the accused's use of force was justified as self-defence

Ratio Decidendi

The accused admitted to hitting the complainant with the back of a cutlass during a misunderstanding, and the court found that this constituted unlawful assault as the use of force was not justified under the law. The accused's claim of self-defence was not supported by the evidence, and the slightest actual touch with the required intention suffices for assault and battery under the law.

Court Disposition

conviction and sentence

Orders

  • The accused is convicted of assault and sentenced to a fine of twenty-five (25) penalty units.