Republic Vrs Ohene and Another [2023] GHACC 423 (13 April 2023)

Republic Vrs Ohene and Another [2023] GHACC 423 (13 April 2023)

Prosecution failed to prove beyond reasonable doubt that A1 assaulted a public officer or that A2 assaulted a public officer, carried an offensive weapon with intent to harm, or intentionally caused unlawful damage. The explanations of the accused were accepted as reasonably probable, and prosecution's evidence was inconsistent and unsubstantiated. Any doubt must inure to the benefit of the accused.

Citation
Republic Vrs Ohene and Another [2023] GHACC 423 (13 April 2023)
Parties
Prosecution: The Republic; Accused: Ohene Gyan Maxwell (alias Amaadie); Accused: Kofi Clement (alias Mobgee)
Court
ghacc
Jurisdiction
Ghana
Judgment Date
13 April 2023
Procedural Posture
Criminal / Final Judgment
Outcome
acquittal
Legal Topics
Assault of Public Officer, Carrying Offensive Weapon, Causing Unlawful Damage, Burden of Proof, Reasonable Doubt, Self Defence, Unlawful Arrest, Dignity and Rights of Accused Persons
Source Language
eng
Criminal Law Assault of Public Officer Carrying Offensive Weapon Causing Unlawful Damage Burden of Proof Reasonable Doubt Self Defence Unlawful Arrest +1 more

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Parties

The Republic

Prosecution

Ohene Gyan Maxwell (alias Amaadie)

Accused

Kofi Clement (alias Mobgee)

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether A1 assaulted a public officer contrary to section 205(B) of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether A2 assaulted a public officer contrary to section 205(A) of Act 29
  3. 3 Whether A2 carried an offensive weapon contrary to section 206 of Act 29

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that A1 assaulted a public officer or that A2 assaulted a public officer, carried an offensive weapon with intent to harm, or intentionally caused unlawful damage. The explanations of the accused were accepted as reasonably probable, and prosecution's evidence was inconsistent and unsubstantiated. Any doubt must inure to the benefit of the accused.

Court Disposition

acquittal

Orders

  • A1 acquitted on count one
  • A2 acquitted on counts two, three, and four