Republic Vrs John Asare [2022] GHACC 158 (4 November 2022)

Republic Vrs John Asare [2022] GHACC 158 (4 November 2022)

The accused did not intend to cause harm within the meaning of section 11 of Act 29, and his actions were justifiable as self-defence under article 13 of the 1992 Constitution and sections 31(f) and 37 of Act 29. The accused raised a reasonable doubt regarding unlawful and intentional harm, warranting acquittal.

Citation
[2022] GHACC 158
Parties
Prosecution: The Republic; Accused: John Asare; Complainant: Madam Mercy Mensah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
4 November 2022
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Causing Harm, Self Defence, Burden of Proof
Source Language
English
Criminal Law Causing Harm Self Defence Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

John Asare

Accused

Madam Mercy Mensah

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally caused harm to the complainant
  2. 2 Whether the accused's actions were justified as self-defence

Ratio Decidendi

The accused did not intend to cause harm within the meaning of section 11 of Act 29, and his actions were justifiable as self-defence under article 13 of the 1992 Constitution and sections 31(f) and 37 of Act 29. The accused raised a reasonable doubt regarding unlawful and intentional harm, warranting acquittal.

Court Disposition

acquittal and discharge

Orders

  • The accused person is acquitted and discharged of the crime of causing harm to the complainant contrary to section 69 of the Criminal and Other Offences Act, 1960 (Act 29).