REPUBLIC VRS BARIMA DEBRAH APRAKU (D14/04/22) [2022] GHASC 110 (12 December 2022)

REPUBLIC VRS BARIMA DEBRAH APRAKU (D14/04/22) [2022] GHASC 110 (12 December 2022)

The accused was found to have driven without due care and attention and without reasonable consideration for other road users, as evidenced by circumstantial evidence and expert testimony, thereby causing the accident and resulting deaths. Prosecution failed to prove injuries for counts four to nine due to lack of medical evidence or testimony.

Citation
[2022] GHASC 110
Parties
Prosecution: The Republic; Accused: Barima Debrah Apraku
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
12 December 2022
Case Number
D14/04/22
Procedural Posture
Criminal / Ruling on Prima Facie Case at Close of Prosecution
Outcome
Accused acquitted and discharged on counts four to nine; prima facie case established on counts one, two, and three; accused called upon to open defence.
Legal Topics
Careless and Inconsiderate Driving, Negligently Causing Harm, Strict Liability Offences, Burden of Proof, Circumstantial Evidence
Source Language
English
Criminal Law Traffic Law Careless and Inconsiderate Driving Negligently Causing Harm Strict Liability Offences Burden of Proof Circumstantial Evidence

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Parties

The Republic

Prosecution

Barima Debrah Apraku

Accused

Procedural Posture

Criminal / Ruling on Prima Facie Case at Close of Prosecution

Legal Issues

  1. 1 Whether the accused drove carelessly and inconsiderately contrary to section 3 of the Road Traffic Offences Act, 2004 (Act 683)
  2. 2 Whether the accused negligently caused harm contrary to section 72 of the Criminal Offences Act, 1960 (Act 29)
  3. 3 Whether prosecution proved its case beyond reasonable doubt on all counts

Ratio Decidendi

The accused was found to have driven without due care and attention and without reasonable consideration for other road users, as evidenced by circumstantial evidence and expert testimony, thereby causing the accident and resulting deaths. Prosecution failed to prove injuries for counts four to nine due to lack of medical evidence or testimony.

Court Disposition

Accused acquitted and discharged on counts four to nine; prima facie case established on counts one, two, and three; accused called upon to open defence.

Orders

  • Accused acquitted and discharged on counts four, five, six, seven, eight, and nine.
  • Accused to open defence on counts one, two, and three.