REPUBLIC VRS ASAFO-ADJEI (34/23) [2024] GHACC 95 (29 April 2024)

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

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Parties

Theresah Asafo-Adjei

Accused

The Republic

Prosecution

Procedural Posture

Criminal / Final Judgment

  1. 1 Whether the accused unlawfully assaulted the complainant contrary to Section 84 of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused's actions were justified as self-defence
  3. 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.