REPUBLIC VRS BOAKYE (D18/19/19) [2024] GHACC 16 (25 January 2024)

The prosecution has led sufficient prima facie evidence on both counts to require the accused person to open his defence. Submission of no case is dismissed.

Citation: REPUBLIC VRS BOAKYE (D18/19/19) [2024] GHACC 16 (25 January 2024)
Parties: Prosecution: The Republic; Accused: Kwabena Boakye
Court: ghacc
Jurisdiction: Ghana
Judgment Date: 25 January 2024
Procedural Posture: Criminal / Ruling on Submission of No Case
Outcome: submission of no case dismissed
Legal Topics: Dangerous Driving, Negligently Causing Harm, Submission of No Case
Source Language: eng

Criminal Law Road Traffic Law Dangerous Driving Negligently Causing Harm Submission of No Case

Case Brief

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Parties

The Republic

Prosecution

Kwabena Boakye

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case

Legal Issues

1 Whether the prosecution has made a prima facie case for dangerous driving under Section 1 of the Road Traffic Act, 2008 (Act 683) as amended by Act 761
2 Whether the prosecution has made a prima facie case for negligently causing harm under Section 72 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution has led sufficient prima facie evidence on both counts to require the accused person to open his defence. Submission of no case is dismissed.

Court Disposition

submission of no case dismissed

Orders

The accused person shall prepare to open his defence.