REPUBLIC VRS ODAME (B4/5/2023) [2024] GHACC 83 (8 February 2024)

The prosecution proved beyond reasonable doubt that the accused assaulted the complainants and threatened them with death. The accused's denial was not credible in light of corroborated evidence and medical reports. The words uttered constituted a threat of death under section 75 of Act 29.

Citation: REPUBLIC VRS ODAME (B4/5/2023) [2024] GHACC 83 (8 February 2024)
Parties: Prosecution: The Republic; Accused: Patrick Addo Odame; Complainant: Samuel Kofi Asare; Complainant: Comfort Asare
Court: ghacc
Jurisdiction: Ghana
Judgment Date: 8 February 2024
Procedural Posture: Criminal / Judgment
Outcome: conviction
Legal Topics: Assault, Threat of Death, Burden of Proof, Sentencing
Source Language: eng

Criminal Law Assault Threat of Death Burden of Proof Sentencing

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Parties

The Republic

Prosecution

Patrick Addo Odame

Accused

Samuel Kofi Asare

Complainant

Comfort Asare

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused unlawfully assaulted the complainants contrary to section 84 of Act 29
2 Whether the accused threatened the complainants with death contrary to section 75 of Act 29

Ratio Decidendi

Court Disposition

conviction

Orders

Fine of 300 penalty units on count one (assault), in default 12 months imprisonment
Fine of 500 penalty units on count two (threat of death), in default three years imprisonment, to run concurrently