Republic Vrs.Bosomtwe [2022] GHACC 137 (15 November 2022)

Republic Vrs.Bosomtwe [2022] GHACC 137 (15 November 2022)

The prosecution failed to prove the charge of threat of death beyond reasonable doubt as there was no direct or indirect evidence from the victim or witnesses to establish that the accused threatened the complainant with death or that the complainant was in fear of imminent death. Therefore, the accused is acquitted and discharged on this charge. However, a prima facie case was established for the charge of possession of unregistered arm, requiring the accused to make a defence.

Citation
[2022] GHACC 137
Parties
Prosecution: The Republic; Accused: Ato Kwamina Isaac Bosomtwe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
15 November 2022
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
acquittal on threat of death; accused to make defence on possession of unregistered arm
Legal Topics
Threat of Death, Possession of Unregistered Arm, Burden of Proof, Submission of No Case
Source Language
English
Criminal Law Threat of Death Possession of Unregistered Arm Burden of Proof Submission of No Case

Case Brief

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Parties

The Republic

Prosecution

Ato Kwamina Isaac Bosomtwe

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution proved the charge of threat of death beyond reasonable doubt
  2. 2 Whether a prima facie case was established for the charge of possession of unregistered arm

Ratio Decidendi

The prosecution failed to prove the charge of threat of death beyond reasonable doubt as there was no direct or indirect evidence from the victim or witnesses to establish that the accused threatened the complainant with death or that the complainant was in fear of imminent death. Therefore, the accused is acquitted and discharged on this charge. However, a prima facie case was established for the charge of possession of unregistered arm, requiring the accused to make a defence.

Court Disposition

acquittal on threat of death; accused to make defence on possession of unregistered arm

Orders

  • Accused acquitted and discharged on the charge of threat of death
  • Accused to make a defence on the charge of possession of unregistered arm