REPUBLIC VRS ALIDU (UB/BG/CT B18/18/2023.) [2023] GHACC 1190 (22 December 2023)

REPUBLIC VRS ALIDU (UB/BG/CT B18/18/2023.) [2023] GHACC 1190 (22 December 2023)

The accused was found guilty of dangerous driving and negligently causing harm because he was speeding in a built-up area, driving without a valid license, and his actions resulted in two deaths and serious injury. Charging multiple counts for a single incident was improper and violated the rule against multiplicity; thus, only one count each for dangerous driving and negligently causing harm were upheld.

Citation
[2023] GHACC 1190
Parties
Prosecution: The Republic; Accused: Mark Alidu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
22 December 2023
Case Number
UB/BG/CT B18/18/2023.
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Dangerous Driving, Negligently Causing Harm, Driving Without a Valid License, Multiplicity of Charges, Double Jeopardy
Source Language
English
Criminal Law Road Traffic Law Dangerous Driving Negligently Causing Harm Driving Without a Valid License Multiplicity of Charges Double Jeopardy

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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 for a single incident violates the rule against multiplicity

Ratio Decidendi

The accused was found guilty of dangerous driving and negligently causing harm because he was speeding in a built-up area, driving without a valid license, and his actions resulted in two deaths and serious injury. Charging multiple counts for a single incident was improper and violated the rule against multiplicity; thus, only one count each for dangerous driving and negligently causing harm were upheld.

Court Disposition

conviction and sentence

Orders

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