The Republic Vrs Nyevile [2023] GHADC 151 (8 June 2023)
The prosecution proved beyond reasonable doubt that the accused intentionally and unlawfully assaulted the complainant and her granddaughter, with no justification under the law, thus meeting all elements of the offense of assault.
- Citation
- [2023] GHADC 151
- Parties
- Prosecution: The Republic; Accused: Joshua Nyevile
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 8 June 2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction and sentence
- Legal Topics
- Assault, Battery, Burden of Proof, Unlawful Force, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Joshua Nyevile
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused committed assault and battery against the complainant and her granddaughter
- 2 Whether the assault was unlawful or justified under the law
Ratio Decidendi
The prosecution proved beyond reasonable doubt that the accused intentionally and unlawfully assaulted the complainant and her granddaughter, with no justification under the law, thus meeting all elements of the offense of assault.
Court Disposition
conviction and sentence
Orders
- Accused convicted on both counts of assault
- Sentenced to a fine of one hundred penalty units per count, in default seven months imprisonment to each count, sentences to run consecutively
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