REPUBLIC VRS. ASANTE & ANOTHER (70/2023) [2024] GHACC 236 (25 June 2024)

REPUBLIC VRS. ASANTE & ANOTHER (70/2023) [2024] GHACC 236 (25 June 2024)

The prosecution proved beyond reasonable doubt that A2 unlawfully assaulted the complainant, as corroborated by eyewitness testimony, medical evidence, and A2's own cautioned statement. The prosecution failed to prove that A1 abetted the assault, as there was insufficient evidence of instruction, instigation, or knowledge of A2's intent.

Citation
REPUBLIC VRS. ASANTE & ANOTHER (70/2023) [2024] GHACC 236 (25 June 2024)
Parties
Prosecution: The Republic; 1st Accused: Asante Boateng Jones; 2nd Accused: Samuel Atta Kwadwo Apraku; Complainant: Helena Berma
Court
ghacc
Jurisdiction
Ghana
Judgment Date
25 June 2024
Procedural Posture
Criminal / Judgment
Outcome
A2 convicted of assault and sentenced to a fine of fifty (50) penalty units or one month imprisonment in default; A1 acquitted and discharged.
Legal Topics
Assault, Abetment of Crime, Evidence, Burden of Proof
Source Language
eng
Criminal Law Assault Abetment of Crime Evidence Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Asante Boateng Jones

1st Accused

Samuel Atta Kwadwo Apraku

2nd Accused

Helena Berma

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether A2 (Samuel Atta Kwadwo Apraku) assaulted the complainant contrary to section 84 of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether A1 (Asante Boateng Jones) abetted the assault contrary to section 20 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution proved beyond reasonable doubt that A2 unlawfully assaulted the complainant, as corroborated by eyewitness testimony, medical evidence, and A2's own cautioned statement. The prosecution failed to prove that A1 abetted the assault, as there was insufficient evidence of instruction, instigation, or knowledge of A2's intent.

Court Disposition

A2 convicted of assault and sentenced to a fine of fifty (50) penalty units or one month imprisonment in default; A1 acquitted and discharged.

Orders

  • A2 to pay a fine of fifty (50) penalty units or serve one month imprisonment in default.
  • A1 acquitted and discharged.