Republic Vrs Pastor Richard Addo Gyamfi [2022] GHADC 272 (17 November 2022)

Republic Vrs Pastor Richard Addo Gyamfi [2022] GHADC 272 (17 November 2022)

The prosecution proved beyond reasonable doubt that the accused, as the person in charge of the prayer camp, unlawfully exposed an autistic child to danger by causing him to be chained and made to fast, resulting in physical harm, and failed to provide a reasonable defence or explanation for the treatment and the presence of chains.

Citation
[2022] GHADC 272
Parties
Prosecution: The Republic; Accused: Pastor Richard Addo Gyamfi
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 November 2022
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Exposing Child to Danger, Autism and Disability Rights, Unlawful Detention, Sentencing
Source Language
English

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Parties

The Republic

Prosecution

Pastor Richard Addo Gyamfi

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused exposed an autistic child to danger by chaining his legs and making him fast, likely to cause harm, contrary to Section 71(b) of the Criminal and Other Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused, as the person in charge of the prayer camp, unlawfully exposed an autistic child to danger by causing him to be chained and made to fast, resulting in physical harm, and failed to provide a reasonable defence or explanation for the treatment and the presence of chains.

Court Disposition

Conviction and sentence

Orders

  • Accused convicted of exposing child to danger contrary to Section 71(b) of Act 29
  • Accused sentenced to 22 months imprisonment in hard labour