REPUBLIC VRS ADI AND 10 OTHERS (B1/01/2023) [2024] GHADC 310 (6 August 2024)

REPUBLIC VRS ADI AND 10 OTHERS (B1/01/2023) [2024] GHADC 310 (6 August 2024)

Prosecution failed to prove conspiracy as no evidence of prior agreement among accused persons; however, A3 was identified in CCTV footage uttering specific threats to complainant, satisfying elements of threat of harm under section 74 of Act 29.

Citation
REPUBLIC VRS ADI AND 10 OTHERS (B1/01/2023) [2024] GHADC 310 (6 August 2024)
Parties
Prosecution: The Republic; Accused: Gladys Kokor Adi; Accused: Victor Tonorh Lawerh; Accused: Atteh Asamanguah; Accused: Tetteh Akpenkroh; Accused: Amos Martey; Accused: Sammy Apenku; Accused: Ebenezer Asamanguah; Accused: Buernotey Lawerh; Accused: Promise Aklama Adibuer; Accused: Tawiah Patrick Agbashie; Accused: Bernard Buernortey Asamanguah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
6 August 2024
Procedural Posture
Criminal / Judgment
Outcome
A3 convicted of threat of harm; all other accused acquitted and discharged.
Legal Topics
Conspiracy, Threat of Harm, Burden of Proof, Evidence, Mitigation
Source Language
eng
Criminal Law Conspiracy Threat of Harm Burden of Proof Evidence Mitigation

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Parties

The Republic

Prosecution

Gladys Kokor Adi

Accused

Victor Tonorh Lawerh

Accused

Atteh Asamanguah

Accused

Tetteh Akpenkroh

Accused

Amos Martey

Accused

Sammy Apenku

Accused

Ebenezer Asamanguah

Accused

Buernotey Lawerh

Accused

Promise Aklama Adibuer

Accused

Tawiah Patrick Agbashie

Accused

Bernard Buernortey Asamanguah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether accused persons conspired to threaten complainant
  2. 2 Whether accused persons threatened complainant with harm

Ratio Decidendi

Prosecution failed to prove conspiracy as no evidence of prior agreement among accused persons; however, A3 was identified in CCTV footage uttering specific threats to complainant, satisfying elements of threat of harm under section 74 of Act 29.

Court Disposition

A3 convicted of threat of harm; all other accused acquitted and discharged.

Orders

  • A3 sentenced to three months imprisonment without option of fine.