The Republic Vrs Gididey [2022] GHACC 83 (21 October 2022)

The Republic Vrs Gididey [2022] GHACC 83 (21 October 2022)

The court found that the accused uttered words amounting to a threat of death against the complainant, that the words were intended to put the complainant in fear of death, and that the prosecution proved the offence beyond reasonable doubt. The defence was found to be unacceptable and reasonably improbable in light of the evidence.

Citation
[2022] GHACC 83
Parties
Prosecution: The Republic; Accused: Jonas Kwaku Gididey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
21 October 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Threat of Death, Burden of Proof, Standard of Proof, Criminal Procedure
Source Language
English
Criminal Law Threat of Death Burden of Proof Standard of Proof Criminal Procedure

Case Brief

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Parties

The Republic

Prosecution

Jonas Kwaku Gididey

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused uttered words amounting to a threat of death against the complainant
  2. 2 Whether the words were intended to put the complainant in fear of death
  3. 3 Whether the prosecution proved the offence beyond reasonable doubt

Ratio Decidendi

The court found that the accused uttered words amounting to a threat of death against the complainant, that the words were intended to put the complainant in fear of death, and that the prosecution proved the offence beyond reasonable doubt. The defence was found to be unacceptable and reasonably improbable in light of the evidence.

Court Disposition

conviction and sentence

Orders

  • Accused convicted of threat of death
  • Accused sentenced to pay a fine of three hundred penalty units or in default, serve twelve months imprisonment with hard labour