REPUBLIC VRS KONADU & 3 OTHERS (D8/47/2016) [2024] GHACC 187 (5 April 2024)

REPUBLIC VRS KONADU & 3 OTHERS (D8/47/2016) [2024] GHACC 187 (5 April 2024)

A1 and A2 intentionally and unlawfully caused harm to complainant; justification for use of force does not apply as accused should have handed complainant to police instead of assaulting him.

Citation
REPUBLIC VRS KONADU & 3 OTHERS (D8/47/2016) [2024] GHACC 187 (5 April 2024)
Parties
Prosecution: The Republic; 1st Accused: Kwabena Konadu; 2nd Accused: Mensah Madotey; 3rd Accused: Michael Addo alias Nana Yaw; 4th Accused: Kwabena Nimo; Complainant: Kwaku Opoku
Court
ghacc
Jurisdiction
Ghana
Judgment Date
5 April 2024
Procedural Posture
Criminal / Final Judgment
Outcome
A1 and A2 convicted of causing harm; A3 and A4 discharged.
Legal Topics
Causing Harm, Burden of Proof, Justification for Use of Force, Unlawful Harm, Intentional Harm
Source Language
eng
Criminal Law Causing Harm Burden of Proof Justification for Use of Force Unlawful Harm Intentional Harm

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Parties

The Republic

Prosecution

Kwabena Konadu

1st Accused

Mensah Madotey

2nd Accused

Michael Addo alias Nana Yaw

3rd Accused

Kwabena Nimo

4th Accused

Kwaku Opoku

Complainant

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether accused persons caused harm to complainant
  2. 2 Whether harm caused was intentional and unlawful
  3. 3 Whether justification for use of force applies

Ratio Decidendi

A1 and A2 intentionally and unlawfully caused harm to complainant; justification for use of force does not apply as accused should have handed complainant to police instead of assaulting him.

Court Disposition

A1 and A2 convicted of causing harm; A3 and A4 discharged.

Orders

  • A1 and A2 each sentenced to pay a fine of 400 penalty units or in default 12 months imprisonment IHL.
  • A1 and A2 to refund outstanding medical bills covered by receipts to complainant.