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
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Alhassan Buhari
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 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 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.
Full Case Text
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