REPBLIC VRS BARIMA DEBRAH APRAKU (D14/04/22) [2023] GHACC 883 (5 June 2023)

REPBLIC VRS BARIMA DEBRAH APRAKU (D14/04/22) [2023] GHACC 883 (5 June 2023)

The accused raised a reasonable doubt as to his guilt through his and his witness's evidence, which was not discredited under cross-examination. The prosecution failed to prove its case beyond reasonable doubt, so the accused was acquitted and discharged.

Citation
[2023] GHACC 883
Parties
Prosecution: The Republic; Accused: Barima Debrah Apraku
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
5 June 2023
Case Number
D14/04/22
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Presumption of Innocence, Reasonable Doubt, Motor Traffic Offences, Burden of Proof
Source Language
English

Case Brief

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Parties

The Republic

Prosecution

Barima Debrah Apraku

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused person was criminally liable for the accident resulting in death and injuries
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The accused raised a reasonable doubt as to his guilt through his and his witness's evidence, which was not discredited under cross-examination. The prosecution failed to prove its case beyond reasonable doubt, so the accused was acquitted and discharged.

Court Disposition

acquittal and discharge

Orders

  • The accused is acquitted and discharged on counts one, two, and three.