REPUBLIC VRS ASAFO-ADJEI (34/23) [2024] GHACC 95 (29 April 2024)
The accused raised reasonable doubt about her guilt by establishing she acted in self-defence during an imminent attack while pregnant, and the prosecution failed to prove beyond reasonable doubt that her actions were unlawful or intentional assault. The harm caused was reasonably necessary for self-defence.
- Citation
- REPUBLIC VRS ASAFO-ADJEI (34/23) [2024] GHACC 95 (29 April 2024)
- Parties
- Accused: Theresah Asafo-Adjei; Prosecution: The Republic
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 29 April 2024
- Procedural Posture
- Criminal / Final Judgment
- Outcome
- acquittal
- Legal Topics
- Assault, Self Defence, Burden of Proof, Evidence Admissibility
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Theresah Asafo-Adjei
Accused
The Republic
Prosecution
Procedural Posture
Criminal / Final Judgment
Legal Issues
- 1 Whether the accused unlawfully assaulted the complainant contrary to Section 84 of the Criminal Offences Act, 1960 (Act 29)
- 2 Whether the accused's actions were justified as self-defence
- 3 Whether the prosecution proved its case beyond reasonable doubt
Ratio Decidendi
The accused raised reasonable doubt about her guilt by establishing she acted in self-defence during an imminent attack while pregnant, and the prosecution failed to prove beyond reasonable doubt that her actions were unlawful or intentional assault. The harm caused was reasonably necessary for self-defence.
Court Disposition
acquittal
Orders
- The accused, Theresah Asafo-Adjei, is acquitted and discharged.
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