REPUBLIC VRS ALFA KWASI (D18/15/22) [2023] GHACC 596 (28 February 2023)

REPUBLIC VRS ALFA KWASI (D18/15/22) [2023] GHACC 596 (28 February 2023)

The accused pleaded guilty to both counts. The court found that the accused drove dangerously with defective brakes, causing the death of a pedestrian, and negligently caused harm. The minimum statutory sentence for dangerous driving causing death is three years. Mitigating factors included the accused's guilty plea, restitution, and personal circumstances. Aggravating factors included the prevalence of road accidents. The court imposed concurrent sentences of three years and six months respectively.

Citation
REPUBLIC VRS ALFA KWASI (D18/15/22) [2023] GHACC 596 (28 February 2023)
Parties
Prosecution: The Republic; Accused: Alfa Kwasi
Court
ghacc
Jurisdiction
Ghana
Judgment Date
28 February 2023
Procedural Posture
Criminal / Judgment
Outcome
convicted on plea of guilty; sentenced to imprisonment
Legal Topics
Dangerous Driving, Negligently Causing Harm, Sentencing, Road Traffic Offences
Source Language
eng
Criminal Law Road Traffic Law Dangerous Driving Negligently Causing Harm Sentencing Road Traffic Offences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Republic

Prosecution

Alfa Kwasi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused drove dangerously contrary to section 3 of the Road Traffic Offences Act, 2004 (Act 683)
  2. 2 Whether the accused negligently caused harm contrary to section 72 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The accused pleaded guilty to both counts. The court found that the accused drove dangerously with defective brakes, causing the death of a pedestrian, and negligently caused harm. The minimum statutory sentence for dangerous driving causing death is three years. Mitigating factors included the accused's guilty plea, restitution, and personal circumstances. Aggravating factors included the prevalence of road accidents. The court imposed concurrent sentences of three years and six months respectively.

Court Disposition

convicted on plea of guilty; sentenced to imprisonment

Orders

  • Three years' imprisonment on count one (dangerous driving)
  • Six months' imprisonment on count two (negligently causing harm)