Republic Vrs Osei [2022] GHACC 218 (24 November 2022)

Republic Vrs Osei [2022] GHACC 218 (24 November 2022)

The prosecution failed to prove beyond reasonable doubt that the accused drove below the standard expected of a competent and careful driver or that her manner of driving was dangerous and caused the death of the victim. The evidence was speculative and did not establish the accused's guilt.

Citation
[2022] GHACC 218
Parties
Prosecution: The Republic; Accused: Florence Osei
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
24 November 2022
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Dangerous Driving, Burden of Proof, Standard of Proof, Criminal Negligence
Source Language
English
Criminal Law Road Traffic Law Dangerous Driving Burden of Proof Standard of Proof Criminal Negligence

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Parties

The Republic

Prosecution

Florence Osei

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused drove dangerously contrary to section 1(c) of the Road Traffic Act, 2004 (Act 683) as amended
  2. 2 Whether the prosecution proved beyond reasonable doubt that the accused's manner of driving caused the death of the victim

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused drove below the standard expected of a competent and careful driver or that her manner of driving was dangerous and caused the death of the victim. The evidence was speculative and did not establish the accused's guilt.

Court Disposition

acquittal

Orders

  • The accused is found not guilty and is hereby acquitted.