REPUBLIC VRS HAYFORD (159/2022) [2023] GHACC 1171 (9 November 2023)

REPUBLIC VRS HAYFORD (159/2022) [2023] GHACC 1171 (9 November 2023)

The prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with death, as key witnesses were not called and the existence of the alleged gun was not established with credible evidence.

Citation
[2023] GHACC 1171
Parties
Prosecution: The Republic; Accused: Nkumsah Hayford @ Kofi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
9 November 2023
Case Number
159/2022
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Threat of Death, Burden of Proof, Evidence, Reasonable Doubt
Source Language
English
Criminal Law Threat of Death Burden of Proof Evidence Reasonable Doubt

Case Brief

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Parties

The Republic

Prosecution

Nkumsah Hayford @ Kofi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused threatened the complainant with death contrary to Section 75 of the Criminal Offences Act, Act 29
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with death, as key witnesses were not called and the existence of the alleged gun was not established with credible evidence.

Court Disposition

acquittal and discharge

Orders

  • The accused person is acquitted and discharged.