The Republic Vrs Nyamekye & 2 Others [2022] GHACC 207 (18 October 2022)

The Republic Vrs Nyamekye & 2 Others [2022] GHACC 207 (18 October 2022)

Prosecution failed to prove beyond reasonable doubt that the accused persons conspired, threatened harm, or engaged in offensive conduct conducive to breach of the peace; the evidence did not establish the essential ingredients of the offences charged.

Citation
[2022] GHACC 207
Parties
Prosecution: The Republic; Accused: Kwabena Nyamekye; Accused: Nana Kwamina Kum (Jnr); Accused: Kofi Kyeredom
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
18 October 2022
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Conspiracy, Threat of Harm, Offensive Conduct, Breach of the Peace, Burden of Proof
Source Language
English
Criminal Law Conspiracy Threat of Harm Offensive Conduct Breach of the Peace Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Kwabena Nyamekye

Accused

Nana Kwamina Kum (Jnr)

Accused

Kofi Kyeredom

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to commit a crime
  2. 2 Whether the accused persons threatened harm to the complainants
  3. 3 Whether the accused persons engaged in offensive conduct conducive to breach of the peace

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that the accused persons conspired, threatened harm, or engaged in offensive conduct conducive to breach of the peace; the evidence did not establish the essential ingredients of the offences charged.

Court Disposition

acquittal

Orders

  • Accused persons acquitted of conspiracy, threat of harm, and offensive conduct conducive to breach of the peace.