The Republic Vrs Wahab [2023] GHADC 432 (13 March 2023)
The accused admitted to killing the pigs, and his justification did not fall under the statutory exemptions in Section 303(3) of Act 29. The act was deemed cruel and without lawful justification, thus constituting the offence charged.
- Citation
- [2023] GHADC 432
- Parties
- Prosecution: The Republic; Accused: Abdulai Abdul Wahab
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 13 March 2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- accused cautioned and discharged; compensation ordered
- Legal Topics
- Cruelty to Animals, Burden of Proof, Evidence, Compensation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Abdulai Abdul Wahab
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused committed cruelty to animals contrary to Section 303 of the Criminal Offences Act, 1960 (Act 29)
- 2 Whether the accused had lawful justification or defence for killing the pigs
Ratio Decidendi
The accused admitted to killing the pigs, and his justification did not fall under the statutory exemptions in Section 303(3) of Act 29. The act was deemed cruel and without lawful justification, thus constituting the offence charged.
Court Disposition
accused cautioned and discharged; compensation ordered
Orders
- The accused is cautioned not to commit the offence again.
- The accused is discharged.
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