REPUBLIC VRS AMPONSAH (97/2023) [2024] GHACC 232 (19 June 2024)

REPUBLIC VRS AMPONSAH (97/2023) [2024] GHACC 232 (19 June 2024)

The accused was found to have used insulting and abusive words in a public place with intent to provoke a breach of the peace, and intentionally and unlawfully caused harm to the complainant. The prosecution failed to prove the charge of threat of harm as the evidence did not establish that the complainant was put in fear of harm, especially as the alleged threat was made in the presence of police officers during arrest.

Citation
REPUBLIC VRS AMPONSAH (97/2023) [2024] GHACC 232 (19 June 2024)
Parties
Prosecution: The Republic; Accused: Michael Tutu Appiah Amponsah @ Ginsen
Court
ghacc
Jurisdiction
Ghana
Judgment Date
19 June 2024
Procedural Posture
Criminal / Judgment
Outcome
convicted on counts 1 and 2; acquitted and discharged on count 3
Legal Topics
Offensive Conduct, Causing Harm, Threat of Harm, Burden of Proof, Public Order Offences
Source Language
eng
Criminal Law Offensive Conduct Causing Harm Threat of Harm Burden of Proof Public Order Offences

Case Brief

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Parties

The Republic

Prosecution

Michael Tutu Appiah Amponsah @ Ginsen

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused used threatening, abusive or insulting words or behavior in a public place with intent to provoke a breach of the peace
  2. 2 Whether the accused intentionally and unlawfully caused harm to the complainant
  3. 3 Whether the accused threatened the complainant with unlawful harm with intent to put him in fear

Ratio Decidendi

The accused was found to have used insulting and abusive words in a public place with intent to provoke a breach of the peace, and intentionally and unlawfully caused harm to the complainant. The prosecution failed to prove the charge of threat of harm as the evidence did not establish that the complainant was put in fear of harm, especially as the alleged threat was made in the presence of police officers during arrest.

Court Disposition

convicted on counts 1 and 2; acquitted and discharged on count 3