REPUBLIC VRS MUSTAPHA (B7/13/2023) [2023] GHADC 1019 (17 November 2023)

REPUBLIC VRS MUSTAPHA (B7/13/2023) [2023] GHADC 1019 (17 November 2023)

Prosecution failed to corroborate the alleged assault on the complainant and public officer, and did not prove beyond reasonable doubt that the accused resisted arrest or assaulted a public officer. Medical evidence was inconclusive. Accused verbally submitted to arrest.

Citation
[2023] GHADC 1019
Parties
Prosecution: The Republic; Accused: Mustapha Issah
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 November 2023
Case Number
B7/13/2023
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Assault, Resisting Arrest, Assault of Public Officer
Source Language
English
Criminal Law Assault Resisting Arrest Assault of Public Officer

Case Brief

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Parties

The Republic

Prosecution

Mustapha Issah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully assaulted the complainant
  2. 2 Whether the accused resisted lawful arrest
  3. 3 Whether the accused assaulted a public officer during arrest

Ratio Decidendi

Prosecution failed to corroborate the alleged assault on the complainant and public officer, and did not prove beyond reasonable doubt that the accused resisted arrest or assaulted a public officer. Medical evidence was inconclusive. Accused verbally submitted to arrest.

Court Disposition

acquittal

Orders

  • Accused is acquitted and discharged on all three counts.