Republic Vrs Pomevor and Another [2023] GHADC 522 (21 July 2023)

Republic Vrs Pomevor and Another [2023] GHADC 522 (21 July 2023)

Prosecution failed to prove prior agreement for conspiracy, but proved beyond reasonable doubt that both accused used abusive language in a public setting likely to provoke a breach of the peace, thus guilty on count two.

Source-derived case information.

Citation
[2023] GHADC 522
Parties
Complainant: The Republic; Accused: Cephas Pomevor; Accused: Faustina Pomevor
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 July 2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction on count two; acquittal on count one
Legal Topics
Conspiracy, Offensive Conduct, Breach of Peace
Source Language
english
Criminal Law Conspiracy Offensive Conduct Breach of Peace

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Republic

Complainant

Cephas Pomevor

Accused

Faustina Pomevor

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to commit offensive conduct conducive to breach of the peace
  2. 2 Whether the accused persons committed offensive conduct conducive to breach of the peace

Ratio Decidendi

Prosecution failed to prove prior agreement for conspiracy, but proved beyond reasonable doubt that both accused used abusive language in a public setting likely to provoke a breach of the peace, thus guilty on count two.

Court Disposition

Conviction on count two; acquittal on count one

Orders

  • Each accused fined twenty-five (25) penalty units; in default, one month imprisonment