S v Kumah (B4/01/23) [2023] GHADC 1325 (15 August 2023)

The prosecution's evidence was inconsistent and failed to prove beyond reasonable doubt that the accused assaulted the complainant; therefore, the accused is acquitted and discharged.

Citation: [2023] GHADC 1325
Parties: Complainant: The Republic; Accused: Godsway Kumah
Court: District Court
Jurisdiction: Ghana
Judgment Date: 15 August 2023
Case Number: B4/01/23
Procedural Posture: Criminal / Judgment
Outcome: Acquittal and discharge
Legal Topics: Assault, Burden of Proof, Evidence, Standard of Proof
Source Language: English

Criminal Law Assault Burden of Proof Evidence Standard of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Complainant

Godsway Kumah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused unlawfully assaulted the complainant contrary to Section 84 of the Criminal Offences Act, 1960 (Act 29)
2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution's evidence was inconsistent and failed to prove beyond reasonable doubt that the accused assaulted the complainant; therefore, the accused is acquitted and discharged.

Court Disposition

Acquittal and discharge