REPUBLIC VRS JOSHUA (B7/13/2022) [2023] GHADC 1160 (31 January 2023)

IN THE DISTRICT COURT HELD AT AGBOZUME IN THE VOLTA REGION BEFORE HIS WORSHIP IDDRISU ISSAH ESQ., ON THE 31ST JANUARY, 2023. SUIT NO.B7/13/2022. THE REPUBLIC VRS: RICHARD AGBEY JOSHUA J U D G M E N T:- The prosecution instituted this action against the accused person herein Richard Agbey Joshua. The accused person was charged on two counts of unlawful entry and assault, contrary to sections 152 and 84 of the Criminal Offences Act, 1960, Act 29. He pleaded not guilty to both charges. Brief facts to this case according to the charge sheet are that Felix Awuye and Adzomanu Jacob are receptionists at with the Vegas Lodge, Klikor. The accused person Richard Agbey Joshua is a commercial motor rider. On the 19th of December, 2021 at around 2:00am, the complainant went round to inspect the rooms and saw the accused person and another in one of the unlooked rooms. The complainants ordered the accused person, and Rita Sronya to vacate the premises. The accused person became offended and beat the complainants. The complainants raised alarm. The accused person and the other person forced opened a class door and scaled over the wall of the lodge and escaped. They left behind a motor bicycle. The complainant reported the incident to the Police for investigation. The prosecution indicated that it was inviting three witnesses to its case: Felix Awuye (PW1); Adzomanu Jacob (PW2) and the Police Investigator, corp. Sam Richard (PW3). The PW1 testified that on the 19th of December 2021 at about 2:00 am that they were conducting a routine check on their rooms, when they saw the accused person and others. They asked the accused person to show proof of being booked in to the lodge. When they failed to show anything or identification card from the Vegas Lodge staff, they asked them to move out of the room. The accused person and his friend began to beat the complainants. They also raised alarm. When the accused persons tried to force open the door they damaged the handle worth a thousand cedis. The statement of the PW2 was expunged from record because the prosecution was unable to get him to be cross examined on it. The Police investigator who testified as the PW2 stated that on the 19th of December, 2021 at around 8:55 am the complainant reported this matter at the station. He issued medical forms to them for medical attention. He also took their investigative caution statements. The medical from, and statement of the PW1 were tended and marked as exhibits “A” and “B”. The caution and charged statements of the accused person were also tended and marked as exhibits “C” and “D”. The accused person decided to rely on his statement made to the Police earlier. The statement of the accused person marked as exhibited “C” was taken down by the Police on the 22 of February, 2021. He stated that he entered the Vegas lodge with a customer and a lady friend. He picked them there as a motor rider. It was when the complainants and his customer by name Nice struggled with the door handle that it got it broken. The findings of facts from the evidence are as follows: - (1) The accused person and other were found in one of the room of Vegas Lodge, Klikor. (2) (3) The accused person and the friends fought the workers of the lodge. The accused person did not seek the consent of the lodge to go in to any of its rooms. Given the facts of this case the relevant questions for determination are: (1) Whether or not the accused person unlawfully entered the room of the Vegas Lodge. (2) Whether or not the accused person assaulted the complainant. It is required of the prosecution to prove the charges against the accused person, Richard Agbey Joshua. The proof required of the prosecution in a criminal charge is said to be proof beyond reasonable doubt. The Evidence Act 1975 NRCD 323 formulates this proposition under section 11(2) in the following words: “In a criminal action, the burden of producing evidence, when it is on the prosecution as to any fact which is essential to guilt, requires the prosecution to produce sufficient evidence so that on all the evidence a reasonable mind could find the existence of the fact beyond reasonable doubt.” Section 152 of the criminal offence Act 1960, Act 29 states as follows:- “A person unlawfully enters a building if that person enters otherwise than in the exercise of lawful right, or by the consent of any other person able to give the consent for the purposes for which that person enters”. In the case of R v Davis (1823) Russ $ Ry 499; 168 ER917 where in breaking a window in order to steal, the accused’s finger went within the house, it was held that the act was sufficient entry.” In this case the accused person was found in a room of the Vegas Lodge. Certainly the lodge was not aware of their entry and further access to a room. In the circumstance the accused person had no lawful right to stay in the room because he did not pay or register to stay in. Besides the complainant did not consent to the entry of the accused person and friends into the room. The entry into the room was therefore unlawful. The rest question for determination is whether or not the accused person assaulted the complainant. Section (86)(1) of the criminal offences Act 1960, Act 29 states that: “A person makes an assault and battery on another person if, without the other person’s consent and with the intention of causing harm, pain or fear or annoyance to the other person or of exciting the either person to anger that person forcibly touches the other person.” The accused person and his friends fought with the complainants in other to escape from the Vegas lodge. The conduct of the accused person was without the consent of the Vegas lodge. They cause harm, pain and fear on the complainants. The Court is therefore of the view that the prosecution proved the charge against the accused person. At the end of the case the Court has reached the following conclusions: (1) The accused person was found guilty on the charge of unlawful entry in to the Vegas Lodge, Klikor. (2) The charge of assault against the accused person has been proven. He is thereby found guilty on the charge of assault on the complainant. The accused person is therefore convicted on both charges. He is sentenced to thirty-five penalty unit on each count or in default seven months in prison. He is to pay a sum of GH₡400.00 to defray the medical cost of the complainant. The sentence is to run concurrently. H/W. IDDRISU ISSAH 31/01/2023.