REPUBLIC VRS. NSORBILA (UE/BG/DC/B4/3/2023.) [2024] GHADC 45 (5 January 2024)

REPUBLIC VRS. NSORBILA (UE/BG/DC/B4/3/2023.) [2024] GHADC 45 (5 January 2024)

The accused intentionally touched and attempted to beat the complainant without her consent, putting her in fear of instant assault and battery, thus committing assault contrary to section 84 of Act 29. The prosecution proved all elements of the offence beyond reasonable doubt and the defence explanation was unacceptable.

Citation
REPUBLIC VRS. NSORBILA (UE/BG/DC/B4/3/2023.) [2024] GHADC 45 (5 January 2024)
Parties
Prosecution: The Republic; Accused: Nsorbila Prosper
Court
ghadc
Jurisdiction
Ghana
Judgment Date
5 January 2024
Procedural Posture
Criminal / Final Judgment
Outcome
conviction and sentence
Legal Topics
Assault, Burden of Proof, Mens Rea, Actus Reus, Sentencing
Source Language
eng
Criminal Law Assault Burden of Proof Mens Rea Actus Reus Sentencing

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Parties

The Republic

Prosecution

Nsorbila Prosper

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the accused unlawfully assaulted the complainant contrary to section 84 of Act 29
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The accused intentionally touched and attempted to beat the complainant without her consent, putting her in fear of instant assault and battery, thus committing assault contrary to section 84 of Act 29. The prosecution proved all elements of the offence beyond reasonable doubt and the defence explanation was unacceptable.

Court Disposition

conviction and sentence

Orders

  • Accused found guilty of assault contrary to section 84 of Act 29
  • Accused sentenced to pay a fine of Fifty (50) Penalty Units (GHC600.00)