The Republic Vrs Thompson & Ors [2021] GHASC 170 (17 March 2021)

The Republic Vrs Thompson & Ors [2021] GHASC 170 (17 March 2021)

The particulars of offence in the charge sheet did not provide sufficient detail of the acts or omissions constituting the offences as required by Article 19(2)(d) of the Constitution and Section 112 of Act 30. The Court of Appeal was correct in directing the prosecution to provide further particulars to enable the accused to prepare a defence.

Citation
[2021] GHASC 170
Parties
Respondent/appellant: The Republic; 1st Accused/appellant/respondent: Ernest Thompson; 2nd Accused/interested Party: John Hagan Mensah; 3rd Accused/interested Party: Juliet Hassana Kramer; 4th Accused: Caleb Kwaku Afaglo; 5th Accused: Peter Hayibor
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
17 March 2021
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Fair Trial Rights, Particulars of Charge, Interpretation of Constitution, Criminal Procedure
Source Language
English
Criminal Law Constitutional Law Fair Trial Rights Particulars of Charge Interpretation of Constitution Criminal Procedure

Case Brief

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Parties

The Republic

Respondent/appellant

Ernest Thompson

1st Accused/appellant/respondent

John Hagan Mensah

2nd Accused/interested Party

Juliet Hassana Kramer

3rd Accused/interested Party

Caleb Kwaku Afaglo

4th Accused

Peter Hayibor

5th Accused

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the particulars of offence in the charge sheet satisfied Article 19(2)(d) of the 1992 Constitution and Section 112 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30)
  2. 2 Whether the Court of Appeal erred in directing the prosecution to provide further particulars of the charges

Ratio Decidendi

The particulars of offence in the charge sheet did not provide sufficient detail of the acts or omissions constituting the offences as required by Article 19(2)(d) of the Constitution and Section 112 of Act 30. The Court of Appeal was correct in directing the prosecution to provide further particulars to enable the accused to prepare a defence.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal dated 3rd April 2020 affirmed
  • Prosecution to provide further particulars of the charges as directed by the Court of Appeal