Republic Vrs Freedom [2022] GHADC 183 (23 May 2022)

IN THE DISTRICT MAGISTRATE COURT HELD AT ASESEWA ON TUESDAY THE 23RD DAY OF MAY 2022 BEFORE HER WORSHIP BERNADINE S. A. SENOO – DISTRICT MAGISTRATE REPUBLIC VRS Suit No. B4/01/2022 PLAINTIFF ANYASOR MOSES FREEDOM DEFENDANT Charge: Assault contrary to Section 84 of Act 29/60 JUDGMENT Accused Present Prosecution Present Accused who is self represented is a farmer aged 60 years and complainant is Tetteh Comfort Konokie a pregnant woman at that time. Accused was charged with the offence after investigations of assault were conducted upon the report to police by complainant. Complainant alleged accused rear local fowls in his house and started experiencing theft of his fowls. Accused started suspecting complainant without any concrete evidence. On the 25th August 2021 at about 7am complainant arrived home from the farm and was accused to have stolen a fowl. Both parties engaged in exchange of words and accused pushed complainant to the ground and further stamped on her abdomen. Complainant reported to the Asesewa Police immediately and was issued a medical form for medical examination, treatment and endorsement. Accused was arrested the next day for investigation and he denied the offence but was charged accordingly and put before court. Prosecution called three (3) witnesses including the complainant. PW 1 complainant per witnesses avers she and accused are neighbors and there was no grudge between them until the 25th August 2021 that she went to her farm very early in the morning and returned by 7am. Complainant alleged she overheard accused tell one Terku-Teye Mary who is also a neighbor that he will curse her (complainant) but she did not respond to him. That accused followed her to her house, accused her of stealing his fowls and before she could say anything, held her neck and pushed her down where she sustained injuries. According to complainant she reported to the police and was issued with a police medical report and she attended hospital and submitted report back to police. PW 2 who is a four (4) years old daughter of complainant per witness statement said on the day of incident accused person came to their house and asked her mother whether she was the one who stole his fowl, to which her mother said no but accused held her mother by her jaw, slapped her and her mother fell. That the mother reported to the police. PW 1 confirms she was present when accused assaulted her mother. PW 3 who is the investigator avers he was on duty on 25th August 2021 at about 9am as the investigator and case of assault was referred to him. According to PW 3 complainant who was seen to be pregnant alleged she was assaulted by accused for alleged stealing his fowl. PW 3 stated a medical form was issued to complainant to seek medical treatment and report was returned to police who arrested accused who denied the offence but was charged with same. PW 3 tendered in evidence caution and investigation statements obtained from parties and witnesses. Accused also alleged some mistreatment by the police investigator which was ruled upon after a mini trial. Assault contrary to Section 84 of Act 29/60. A person who unlawfully assaults another person commits a misdemeanor. Per Section 85 assaults includes Assault and battery Assault without actual battery and imprisonment. Assault may be defined as forcibly touching the other person without his/her consent in order to cause harm, pain, fear or annoyance to the other person. Assault is caused by one when he/she touches, another forcibly with the intention to cause pain, anger, fear or/and annoyance to the other. Prosecution to prove assault needs to establish that the other person was touched to cause that parson pain, anger, fear and or annoyance. The prosecution witnesses confirmed these when PW 1 avers accused person held her jaws and pushed her to the ground. PW 2 and PW 3 corroborated same when they attested to PW 1’s claims especially as supported by a medical report submitted by PW 1. For assault to be established another person must have been caused harm, pain, anger and fear. Complainant herein was confirmed to have been assaulted due to some contusions found on her body during medical examination and due to the fact that she was pregnant had to undergo scanning to confirm unborn child was safe and alive. There must be another who caused the assault. Accused was the only one who got into an altercation with complainant over issues of missing fowls belonging to accused, resulting in exchange of words and in the process assault was established. Accused who was unrepresented did not call any witnesses although one Mary Terkuteye was mentioned. Prosecution however presented 3 (three) witnesses supported by a medical report on complainant to prove the charge against accuse. It is the court’s finding that all ingredients needed to prove assault have been established and accused herein is found guilty of the charge preferred against him. Accused is hereby convicted on guilt of the offence. Accused is hereby fined 50 penalty units in default 60 days in prison custody. Accused is ordered to compensate complainant with five Hundred Ghana Cedis (GH¢500.00). Signed H/W BERNADINE S. A. SENOO (DISTRICT MAGISTRATE) 23/05/2022