The Republic Vrs Adjei [2023] GHACC 367 (20 July 2023)

The Republic Vrs Adjei [2023] GHACC 367 (20 July 2023)

Accused's manner of driving at the junction, failure to observe due care and attention, and inability to avoid the victim constituted dangerous driving and negligence; evidence and accident sketch confirmed accused's vehicle caused the fatal injury.

Citation
[2023] GHACC 367
Parties
Prosecution: The Republic; Accused: Adjei Isaac
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
20 July 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Dangerous Driving, Negligently Causing Harm, Proof Beyond Reasonable Doubt
Source Language
English
Criminal Law Road Traffic Law Dangerous Driving Negligently Causing Harm Proof Beyond Reasonable Doubt

Case Brief

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Parties

The Republic

Prosecution

Adjei Isaac

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused drove dangerously contrary to Section 1(1)(c) of Act 683/2004 as amended by Act 761/2008
  2. 2 Whether the accused negligently caused harm contrary to Section 72 of the Criminal Offences Act, Act 29/60

Ratio Decidendi

Accused's manner of driving at the junction, failure to observe due care and attention, and inability to avoid the victim constituted dangerous driving and negligence; evidence and accident sketch confirmed accused's vehicle caused the fatal injury.

Court Disposition

conviction

Orders

  • Accused sentenced to six months imprisonment on each count, sentences to run concurrently.
  • Accused ordered to pay GH¢6,000.00 to victim's family for extra funeral expenses.