REPUBLIC VRS ASAMOAH & 2 OTHERS (BR/SY/CT/207/2023) [2023] GHACC 989 (4 October 2023)

REPUBLIC VRS ASAMOAH & 2 OTHERS (BR/SY/CT/207/2023) [2023] GHACC 989 (4 October 2023)

The third accused's actions in felling trees were deliberate, not negligent, thus the charge of causing damage by negligence could not stand. The prosecution failed to prove beyond reasonable doubt that the third accused threatened the complainant with harm, as witness testimonies were contradictory and ambiguous. The third accused was convicted on his own plea for felling timber without consent but acquitted on the other counts.

Citation
[2023] GHACC 989
Parties
Prosecution: The Republic; Accused 1: Asamoah Martin; Accused 2: Kwaku Bonsu; Accused 3: Yaw Alexander
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
4 October 2023
Case Number
BR/SY/CT/207/2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction on count 1; acquittal and discharge on counts 2 and 3; sentencing on count 1 reserved.
Legal Topics
Felling Timber Without Consent, Causing Damage to Forest Reserve, Conspiracy, Threat of Harm
Source Language
English
Criminal Law Environmental Law Felling Timber Without Consent Causing Damage to Forest Reserve Conspiracy Threat of Harm

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Parties

The Republic

Prosecution

Asamoah Martin

Accused 1

Kwaku Bonsu

Accused 2

Yaw Alexander

Accused 3

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons unlawfully felled timber in the forest reserve without consent
  2. 2 Whether the accused persons caused damage to the forest reserve by negligence
  3. 3 Whether the accused threatened a forest officer with harm

Ratio Decidendi

The third accused's actions in felling trees were deliberate, not negligent, thus the charge of causing damage by negligence could not stand. The prosecution failed to prove beyond reasonable doubt that the third accused threatened the complainant with harm, as witness testimonies were contradictory and ambiguous. The third accused was convicted on his own plea for felling timber without consent but acquitted on the other counts.

Court Disposition

Conviction on count 1; acquittal and discharge on counts 2 and 3; sentencing on count 1 reserved.

Orders

  • 3rd accused to pay GH₵1,024.60 within 14 days, to be deposited into the consolidated fund.