Eric Asante Vrs Republic [2018] GHASC 33 (30 May 2018)

Eric Asante Vrs Republic [2018] GHASC 33 (30 May 2018)

The applicant is entitled to compensation for wrongful conviction and imprisonment under articles 14(5) and (7) of the Constitution, but only general damages are awarded as special damages were not strictly proved. The quantum is determined by multiplying the annual sum awarded in a comparable case by the number of years spent in custody, rounded up to a reasonable global sum.

Citation
[2018] GHASC 33
Parties
Applicant: Eric Asante; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
30 May 2018
Procedural Posture
Criminal Motion / Application for Compensation After Acquittal on Appeal
Outcome
Application for compensation allowed in part; special damages claims dismissed; general damages awarded.
Legal Topics
Compensation for Wrongful Conviction, Right to Personal Liberty, Quantum of Damages
Source Language
English
Constitutional Law Criminal Law Compensation for Wrongful Conviction Right to Personal Liberty Quantum of Damages

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Parties

Eric Asante

Applicant

The Republic

Respondent

Procedural Posture

Criminal Motion / Application for Compensation After Acquittal on Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to compensation under article 14(5) and (7) of the Constitution for wrongful conviction and imprisonment
  2. 2 What is the appropriate quantum of compensation

Ratio Decidendi

The applicant is entitled to compensation for wrongful conviction and imprisonment under articles 14(5) and (7) of the Constitution, but only general damages are awarded as special damages were not strictly proved. The quantum is determined by multiplying the annual sum awarded in a comparable case by the number of years spent in custody, rounded up to a reasonable global sum.

Court Disposition

Application for compensation allowed in part; special damages claims dismissed; general damages awarded.

Orders

  • Applicant awarded GH₵45,000.00 as compensation for wrongful conviction and imprisonment.
  • Claims for special damages (lost salary, business opportunities, mental anguish) dismissed.