REPUBLIC VRS BUKARI (NR/NG/DC/B4/52/2023) [2024] GHADC 530 (20 February 2024)

REPUBLIC VRS BUKARI (NR/NG/DC/B4/52/2023) [2024] GHADC 530 (20 February 2024)

The prosecution proved beyond a reasonable doubt that the accused forcefully touched the complainant without consent and with intent to cause harm, and the accused failed to establish lawful justification for his actions.

Citation
REPUBLIC VRS BUKARI (NR/NG/DC/B4/52/2023) [2024] GHADC 530 (20 February 2024)
Parties
Prosecution: The Republic; Accused: Duut Jacob Bukari
Court
ghadc
Jurisdiction
Ghana
Judgment Date
20 February 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Assault, Burden of Proof, Defence of Property, Sentencing
Source Language
eng
Criminal Law Assault Burden of Proof Defence of Property Sentencing

Case Brief

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Parties

The Republic

Prosecution

Duut Jacob Bukari

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  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 had lawful justification for the alleged assault

Ratio Decidendi

The prosecution proved beyond a reasonable doubt that the accused forcefully touched the complainant without consent and with intent to cause harm, and the accused failed to establish lawful justification for his actions.

Court Disposition

conviction and sentence

Orders

  • The accused is convicted of assault contrary to section 84 of the Criminal Offences Act, 1960 (Act 29).
  • The accused is sentenced to pay a fine of 30 penalty units or in default serve 30 days in hard labour.