QUICK CREDIT VRS FRIMPONG (B14/01/24) [2024] GHADC 210 (16 May 2024)

QUICK CREDIT VRS FRIMPONG (B14/01/24) [2024] GHADC 210 (16 May 2024)

The court found that the accident occurred in the lane of the Sprinter bus, that the accused crossed into that lane at close range, and drove carelessly without due consideration for other road users. The prosecution's evidence was corroborated by the accused's own witness, and the accused failed to provide credible evidence to support his claim that the Sprinter driver was drunk. The prosecution proved the elements of the offence beyond reasonable doubt.

Citation
QUICK CREDIT VRS FRIMPONG (B14/01/24) [2024] GHADC 210 (16 May 2024)
Parties
Prosecution: The Republic; Accused: Frimpong Kwadwo
Court
ghadc
Jurisdiction
Ghana
Judgment Date
16 May 2024
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Careless and Inconsiderate Driving, Burden of Proof, Presumption of Innocence, Sentencing
Source Language
eng
Criminal Law Road Traffic Law Careless and Inconsiderate Driving Burden of Proof Presumption of Innocence Sentencing

Case Brief

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Parties

The Republic

Prosecution

Frimpong Kwadwo

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused drove carelessly and without due consideration for other road users
  2. 2 Whether the accused's actions caused the accident and injury to the pedestrian

Ratio Decidendi

The court found that the accident occurred in the lane of the Sprinter bus, that the accused crossed into that lane at close range, and drove carelessly without due consideration for other road users. The prosecution's evidence was corroborated by the accused's own witness, and the accused failed to provide credible evidence to support his claim that the Sprinter driver was drunk. The prosecution proved the elements of the offence beyond reasonable doubt.

Court Disposition

Conviction and sentence

Orders

  • Accused sentenced to pay a fine of 120 penalty units or in default serve 3 months in prison.
  • Accused to repair the Mercedes Benz Sprinter bus to its pre-accident state.