The Republic Vrs Desmond [2023] GHADC 114 (7 June 2023)

The Republic Vrs Desmond [2023] GHADC 114 (7 June 2023)

The prosecution proved beyond reasonable doubt that the accused intentionally and unlawfully caused harm to the complainant. The accused's admissions and the medical evidence established all elements of the offence. The defence of self-defence was disproportional and not accepted.

Citation
[2023] GHADC 114
Parties
Prosecution: The Republic; Accused: Nketiah Desmond alias Obotenti; Complainant: Sarah Fosua
Court
District Court
Jurisdiction
Ghana
Judgment Date
7 June 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Causing Unlawful Harm, Burden of Proof, Sentencing, Compensation
Source Language
English
Criminal Law Causing Unlawful Harm Burden of Proof Sentencing Compensation

Case Brief

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Parties

The Republic

Prosecution

Nketiah Desmond alias Obotenti

Accused

Sarah Fosua

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally caused harm to the complainant
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused intentionally and unlawfully caused harm to the complainant. The accused's admissions and the medical evidence established all elements of the offence. The defence of self-defence was disproportional and not accepted.

Court Disposition

conviction and sentence

Orders

  • Accused to pay a fine of 100 penalty units or serve 3 months imprisonment in default.
  • Accused to sign a bond to be of good behaviour for 6 months or serve 2 years imprisonment in default.