S v Kumeke (B1/16/21) [2023] GHADC 1323 (21 August 2023)

S v Kumeke (B1/16/21) [2023] GHADC 1323 (21 August 2023)

The prosecution failed to prove beyond reasonable doubt the existence of a prior agreement for conspiracy or that the accused threatened the complainant with death; material witnesses were not called and the available evidence corroborated the accused's version.

Citation
[2023] GHADC 1323
Parties
Prosecution: The Republic; Accused: Daniel Kumeke; Complainant: Dzifa Kumeke
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 August 2023
Case Number
B1/16/21
Procedural Posture
Criminal / Judgment
Outcome
Acquittal and discharge
Legal Topics
Conspiracy, Threat of Death, Burden of Proof
Source Language
English
Criminal Law Conspiracy Threat of Death Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Daniel Kumeke

Accused

Dzifa Kumeke

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused conspired to commit a crime with another person
  2. 2 Whether the accused threatened the complainant with death

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt the existence of a prior agreement for conspiracy or that the accused threatened the complainant with death; material witnesses were not called and the available evidence corroborated the accused's version.

Court Disposition

Acquittal and discharge

Orders

  • The accused is acquitted and discharged on both counts.