REPUBLIC VRS KWAME YEBOAH (D14/11/23) [2023] GHACC 953 (23 May 2023)

Prosecution has led credible, reliable, and uncontroverted evidence establishing all necessary ingredients of the offences charged on counts one through seven, thereby establishing a prima facie case against the accused.

Citation: [2023] GHACC 953
Parties: Prosecution: The Republic; Accused: Kwame Yeboah
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 23 May 2023
Case Number: D14/11/23
Procedural Posture: Criminal / Ruling on Prima Facie Case After Close of Prosecution
Outcome: Prima facie case established; accused called upon to open defence on counts one to seven. Conviction and sentence already entered on count eight.
Legal Topics: Dangerous Driving, Negligently Causing Harm, Driving Without a License, Burden of Proof, Presumption of Innocence
Source Language: English

Criminal Law Road Traffic Law Dangerous Driving Negligently Causing Harm Driving Without a License Burden of Proof Presumption of Innocence

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Parties

The Republic

Prosecution

Kwame Yeboah

Accused

Procedural Posture

Criminal / Ruling on Prima Facie Case After Close of Prosecution

Legal Issues

1 Whether prosecution has established a prima facie case on counts of dangerous driving, negligently causing harm, and driving without a license
2 Whether the evidence led by prosecution is credible and sufficient to require the accused to open his defence

Ratio Decidendi

Court Disposition

Prima facie case established; accused called upon to open defence on counts one to seven. Conviction and sentence already entered on count eight.

Orders

Accused to open his defence on counts one to seven if he so desires.
Accused convicted on own plea and sentenced to 60 days imprisonment on count eight.