Republic Vrs Dogba [2023] GHADC 534 (28 March 2023)

Republic Vrs Dogba [2023] GHADC 534 (28 March 2023)

The prosecution failed to prove beyond reasonable doubt that the accused had a prior agreement with another to commit a crime, so the accused was acquitted of conspiracy. However, the prosecution proved that the accused intentionally and unlawfully caused harm to the complainant, and the accused's defence did not raise a reasonable doubt as to his guilt. The accused was therefore convicted of causing harm.

Citation
Republic Vrs Dogba [2023] GHADC 534 (28 March 2023)
Parties
Prosecution: The Republic; Accused: Lucky Dogba
Court
ghadc
Jurisdiction
Ghana
Judgment Date
28 March 2023
Procedural Posture
Criminal / Judgment
Outcome
Convicted on count of causing harm; acquitted on count of conspiracy
Legal Topics
Conspiracy, Causing Harm, Burden of Proof, Self Defence, Provocation
Source Language
eng
Criminal Law Conspiracy Causing Harm Burden of Proof Self Defence Provocation

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Lucky Dogba

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused conspired with another to commit a crime
  2. 2 Whether the accused intentionally and unlawfully caused harm to the complainant

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused had a prior agreement with another to commit a crime, so the accused was acquitted of conspiracy. However, the prosecution proved that the accused intentionally and unlawfully caused harm to the complainant, and the accused's defence did not raise a reasonable doubt as to his guilt. The accused was therefore convicted of causing harm.

Court Disposition

Convicted on count of causing harm; acquitted on count of conspiracy

Orders

  • Accused acquitted and discharged on conspiracy charge
  • Accused convicted of causing harm