The Republic Vrs Mensah & 2 Others [2023] GHACC 344 (14 June 2023)

The Republic Vrs Mensah & 2 Others [2023] GHACC 344 (14 June 2023)

Prosecution proved beyond reasonable doubt that A1 failed to notify the police of a special event he was the main subject of, but failed to prove A2 organised or played a vital role in the event; mere presence is insufficient for conviction.

Citation
[2023] GHACC 344
Parties
Prosecution: The Republic; Accused: Nana Kwaw Mensah; Accused: Nana Emmanuel Kwaku; Accused: Okyeame Arhin (deceased)
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
14 June 2023
Procedural Posture
Criminal / Judgment
Outcome
A1 convicted and fined; A2 acquitted and discharged
Legal Topics
Public Order, Failure to Notify Police, Special Event Notification
Source Language
English
Criminal Law Public Order Failure to Notify Police Special Event Notification

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Parties

The Republic

Prosecution

Nana Kwaw Mensah

Accused

Nana Emmanuel Kwaku

Accused

Okyeame Arhin (deceased)

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons failed to notify police of a special event as required by law
  2. 2 Whether presence at the event amounts to participation in organising the event

Ratio Decidendi

Prosecution proved beyond reasonable doubt that A1 failed to notify the police of a special event he was the main subject of, but failed to prove A2 organised or played a vital role in the event; mere presence is insufficient for conviction.

Court Disposition

A1 convicted and fined; A2 acquitted and discharged

Orders

  • A1 to pay a fine of 80 penalty units or serve 3 years imprisonment in default
  • A2 acquitted and discharged