S v Wahab and Another (39/25) [2025] GHADC 110 (30 April 2025)
Prosecution failed to prove beyond reasonable doubt that both accused persons conspired to commit assault or that the 1st accused assaulted the complainant. However, the 2nd accused admitted to holding the complainant without consent, and prosecution proved beyond reasonable doubt that the 2nd accused committed assault.
- Citation
- [2025] GHADC 110
- Parties
- Prosecution: The Republic; 1st Accused: Wahab Abdul; 2nd Accused: Samed Iddrisu
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 30 April 2025
- Case Number
- 39/25
- Procedural Posture
- Criminal / Judgment
- Outcome
- 1st accused acquitted and discharged; 2nd accused convicted of assault and case remitted to Juvenile Court for sentencing.
- Legal Topics
- Assault, Conspiracy, Burden of Proof, Juvenile Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Wahab Abdul
1st Accused
Samed Iddrisu
2nd Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused persons conspired to commit assault
- 2 Whether the accused persons committed assault against the complainant
Ratio Decidendi
Prosecution failed to prove beyond reasonable doubt that both accused persons conspired to commit assault or that the 1st accused assaulted the complainant. However, the 2nd accused admitted to holding the complainant without consent, and prosecution proved beyond reasonable doubt that the 2nd accused committed assault.
Court Disposition
1st accused acquitted and discharged; 2nd accused convicted of assault and case remitted to Juvenile Court for sentencing.
Orders
- 1st accused acquitted and discharged on all counts.
- 2nd accused convicted on count two (assault); case remitted to Juvenile Court for sentencing.
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