REPUBLIC VRS. APANA (B4/004/24) [2025] GHADC 44 (18 March 2025)
The accused unlawfully assaulted the complainant by forcibly kicking him in the stomach without consent and without any lawful justification, satisfying all elements of assault under Section 84 and 86(1) of Act 29; the prosecution proved the offence beyond reasonable doubt.
- Citation
- [2025] GHADC 44
- Parties
- Prosecution: The Republic; Accused: Raymond Apana
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 18 March 2025
- Case Number
- B4/004/24
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction
- Legal Topics
- Assault, Battery, Burden of Proof, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Raymond Apana
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused unlawfully assaulted the complainant in violation of Section 84 of the Criminal Offences Act, 1960 (Act 29)
- 2 Whether the accused's actions were justified under any statutory grounds for use of force
Ratio Decidendi
The accused unlawfully assaulted the complainant by forcibly kicking him in the stomach without consent and without any lawful justification, satisfying all elements of assault under Section 84 and 86(1) of Act 29; the prosecution proved the offence beyond reasonable doubt.
Court Disposition
conviction
Orders
- The accused is fined 150 penalty units.
- In default of payment, the accused shall serve four months imprisonment.
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