THE REPUBLIC V GYAMFI (D8/01/2025) [2024] GHADC 541 (13 November 2024)

BEFORE HER HONOUR NANA ADWOA SERWAA DUA-ADONTENG JUDGE SITTING AT AKROPONG CIRCUIT COURT ON THE 13th DAY OF NOVEMBER, 2024. SUIT NO: D8/01/2025 THE REPUBLIC VERSUS RITA GYAMFI FINAL JUDGEMENT Accused Person (Unrepresented) – present D/A Alex Agberkpornu for the rep- Present Rita Gyamfi: Trader: aged 50years: you on the 10th day of November, 2022 at Ohwim Akusu, Kumasi in the Ashanti Region and within the jurisdiction of this court did intentionally and unlawfully cause harm to Saluhu Abdulai. PLEA The court explained to the Accused what the pleas of Guilty, Not Guilty and Guilty with Explanation were and the effect of each plea. Accused pleaded not Guilty. FACT Complainant in this case Saluhu Abdulai is a teacher and stays at Ohwim Akusu whereas accused person Rita Gyamfi is a trader and also stays at Ohwim Akusu and both live in the same vicinity. On 10/11/2020, about 9:30am, complainant was on his way to his house when he saw the accused at her provision shop together with the witness in his case. Complainant who was in good terms with the accused went to her at the shop and mentioned her name her name to greet her as well as the witness. Accused told complainant to accord her the need respect when calling her as she is older than him. This brought about exchange of words between the complainant and the accused person. As the two were exchanging words, the accused picked a bread knife from the counter of her provision shop and inflicted the complainant with deep cuts at both the upper and the lower left arm. The complainant bled profusely and proceeded to police to lodge a complaint where he was issued a police medical form to attend hospital which he returned duly endorsed. Accused in her investigation caution statement admitted the offence. After investigations, she was charged with the offence and put before this honorable court. CONVICTION ON OWN PLEA (COP) PRIOR CONVICTION Accused Person has no previous conviction PLEA OF MITIGATION Per the Husband: she is not someone you can say she is violent, and even one of her first born recently completed the university, KNUST. He also prays that the Accused Person is the one taking care of their grandchild who is a minor. Therefore, the Court should temper justice with mercy. SENTENCE 1. The accused is sentenced to pay a fine of 120 penalty units and in default to serve a prison term of three (3) years. 2. The accused is sentenced to sign a bond to keep the peace and to be of good behaviour for three (3) years. As part of the bond of good behaviour, the Accused Person to go to the Ohwim Community Information Centre every Saturday for the next one month at exactly 9 O’clock to advice the people in the community on the consequences of anger, vengeful attacks, retaliatory violence, feuds, stabbing, any other violent act. She is from there to go to the Ohwim market or the nearest market if Ohwim does not have an allocated market centre, and the Ohwim lorry terminal or any such lorry terminal near Ohwim and advice the members of the community on the dangers of committing an offence triggered by anger. The person who occupies the office of DCE of Ohwim and the investigator on this case are to act as supervisors of the accused and to ensure she without complies with the orders of the court. Breach of the bond shall be liable for a term of imprisonment for three (3) years. 3. The prosecutor is to return the Ghs5,000 paid by the accused to her back to her. She is ordered Ghs3,560 as restitution to the complainant. If by 31st December, 2024, the complainant has failed to apply for release of the money paid into court by complainant, she may apply for same to be released back to her. H/H. NANA ADWOA SERWAA DUA-ADONTENG (CIRCUIT COURT JUDGE)