Republic Vrs Buhari [2023] GHACC 417 (13 April 2023)

Republic Vrs Buhari [2023] GHACC 417 (13 April 2023)

The accused's dangerous overtaking maneuver, unchallenged by credible defence and corroborated by witness testimony and accident scene evidence, caused the fatal accident. The prosecution proved all elements of the offence beyond reasonable doubt.

Citation
Republic Vrs Buhari [2023] GHACC 417 (13 April 2023)
Parties
Prosecution: The Republic; Accused: Alhassan Buhari
Court
ghacc
Jurisdiction
Ghana
Judgment Date
13 April 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Dangerous Driving, Burden of Proof, Causation, Sentencing
Source Language
eng

Case Brief

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Parties

The Republic

Prosecution

Alhassan Buhari

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused drove dangerously contrary to section 1(C) of the Road Traffic Act, 2004 (Act 683) as amended by Act 761
  2. 2 Whether the dangerous driving caused the death of Abraham Gyimah

Ratio Decidendi

The accused's dangerous overtaking maneuver, unchallenged by credible defence and corroborated by witness testimony and accident scene evidence, caused the fatal accident. The prosecution proved all elements of the offence beyond reasonable doubt.

Court Disposition

conviction

Orders

  • Accused sentenced to five years imprisonment with hard labour.
  • Right of appeal within three months from date.