REPUBLIC VRS SARPONG (B14/85/2023) [2024] GHACC 86 (21 February 2024)
The prosecution failed to prove beyond reasonable doubt that the accused drove without due care and attention or negligently caused harm, as the evidence showed the accident occurred in the accused's rightful lane and there was no proof of injury caused by the accused's actions.
- Citation
- REPUBLIC VRS SARPONG (B14/85/2023) [2024] GHACC 86 (21 February 2024)
- Parties
- Prosecution: The Republic; Accused: Yaw Sarpong
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 21 February 2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal and discharge
- Legal Topics
- Careless and Inconsiderate Driving, Negligently Causing Harm, Burden of Proof, Standard of Proof, Acquittal
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Yaw Sarpong
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused drove carelessly and inconsiderately contrary to section 3 of the Road Traffic Act, 2004 (Act 683)
- 2 Whether the accused negligently caused harm contrary to section 72 of the Criminal Offences Act, 1960 (Act 29)
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused drove without due care and attention or negligently caused harm, as the evidence showed the accident occurred in the accused's rightful lane and there was no proof of injury caused by the accused's actions.
Court Disposition
acquittal and discharge
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