REPUBLIC VRS ALIDU (UB/BG/CT B18/18/2023) [2022] GHACC 369 (22 December 2022)

REPUBLIC VRS ALIDU (UB/BG/CT B18/18/2023) [2022] GHACC 369 (22 December 2022)

The accused was found guilty of dangerous driving and negligently causing harm as he drove without a license, exceeded the speed limit, and his actions resulted in death and serious injury. Charging multiple counts for a single crash violated the rule against multiplicity, so only one count each for dangerous driving and negligently causing harm were upheld.

Citation
[2022] GHACC 369
Parties
Prosecution: The Republic; Accused: Mark Alidu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
22 December 2022
Case Number
UB/BG/CT B18/18/2023
Procedural Posture
Criminal / Judgment
Outcome
convicted
Legal Topics
Dangerous Driving, Negligently Causing Harm, Driving Without License, Multiplicity of Charges, Sentencing
Source Language
English
Criminal Law Road Traffic Law Dangerous Driving Negligently Causing Harm Driving Without License Multiplicity of Charges Sentencing

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Parties

The Republic

Prosecution

Mark Alidu

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was guilty of dangerous driving resulting in death
  2. 2 Whether the accused negligently caused harm
  3. 3 Whether charging multiple counts violated the rule against multiplicity

Ratio Decidendi

The accused was found guilty of dangerous driving and negligently causing harm as he drove without a license, exceeded the speed limit, and his actions resulted in death and serious injury. Charging multiple counts for a single crash violated the rule against multiplicity, so only one count each for dangerous driving and negligently causing harm were upheld.

Court Disposition

convicted

Orders

  • Accused sentenced to 3 years imprisonment on count one (dangerous driving)
  • Accused to pay fine of 500 penalty units or in default serve 3 years imprisonment on count four (negligently causing harm), sentences to run concurrently