Republic Vrs Eshun [2023] GHACC 241 (28 March 2023)

Republic Vrs Eshun [2023] GHACC 241 (28 March 2023)

The accused was found guilty on all three counts based on unchallenged prosecution evidence, eyewitness testimony, and documentary evidence, establishing that he drove dangerously, negligently caused harm resulting in death, and operated a vehicle without a valid road user certificate.

Citation
Republic Vrs Eshun [2023] GHACC 241 (28 March 2023)
Parties
Prosecution: The Republic; Accused: Samuel Eshun Ebo Aikins
Court
ghacc
Jurisdiction
Ghana
Judgment Date
28 March 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction on all counts; custodial sentence imposed
Legal Topics
Dangerous Driving, Negligently Causing Harm, Use of Motor Vehicle Without Valid Road User Certificate
Source Language
eng
Criminal Law Road Traffic Law Dangerous Driving Negligently Causing Harm Use of Motor Vehicle Without Valid Road User Certificate

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Republic

Prosecution

Samuel Eshun Ebo Aikins

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused drove dangerously contrary to section 1 of the Road Traffic Act, 2004 (Act 683) as amended by Act 761
  2. 2 Whether the accused negligently caused harm contrary to section 72 of the Criminal and Other Offences Act, 1960 (Act 29)
  3. 3 Whether the accused used a motor vehicle without a valid road user certificate contrary to section 94(2) of the Road Traffic Act, 2004 (Act 683) as amended by Act 761

Ratio Decidendi

The accused was found guilty on all three counts based on unchallenged prosecution evidence, eyewitness testimony, and documentary evidence, establishing that he drove dangerously, negligently caused harm resulting in death, and operated a vehicle without a valid road user certificate.

Court Disposition

conviction on all counts; custodial sentence imposed

Orders

  • Count 1: two years imprisonment
  • Count 2: three years imprisonment