REPUBLIC VRS NANA GYAMERA AMPEM II (D4/5/22) [2023] GHACC 634 (25 July 2023)

REPUBLIC VRS NANA GYAMERA AMPEM II (D4/5/22) [2023] GHACC 634 (25 July 2023)

The prosecution failed to establish a prima facie case as the evidence of its witnesses was discredited under cross-examination, material exhibits were not produced, and further evidence was required to prove the case. The court could not safely rely on the prosecution's evidence.

Citation
[2023] GHACC 634
Parties
Prosecutor: The Republic; Accused: Nana Gyamera Ampem II
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
25 July 2023
Case Number
D4/5/22
Procedural Posture
Criminal / Judgment at Close of Prosecution's Case
Outcome
acquittal and discharge
Legal Topics
Causing Unlawful Harm, Burden of Proof, Prima Facie Case, Criminal Procedure
Source Language
English
Criminal Law Causing Unlawful Harm Burden of Proof Prima Facie Case Criminal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecutor

Nana Gyamera Ampem II

Accused

Procedural Posture

Criminal / Judgment at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of causing unlawful harm against the accused
  2. 2 Whether the evidence adduced by the prosecution was credible and reliable

Ratio Decidendi

The prosecution failed to establish a prima facie case as the evidence of its witnesses was discredited under cross-examination, material exhibits were not produced, and further evidence was required to prove the case. The court could not safely rely on the prosecution's evidence.

Court Disposition

acquittal and discharge

Orders

  • The accused person is acquitted and discharged.