REPUBLIC VRS NKUMSAH (159/2022) [2023] GHACC 1130 (9 November 2023)

REPUBLIC VRS NKUMSAH (159/2022) [2023] GHACC 1130 (9 November 2023)

The prosecution failed to prove its case beyond reasonable doubt due to lack of corroboration, failure to call key witnesses, and failure to tender the alleged weapon as evidence. The accused raised sufficient doubt as to his guilt.

Citation
[2023] GHACC 1130
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, Acquittal
Source Language
English
Criminal Law Threat of Death Burden of Proof Evidence Acquittal

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 its case beyond reasonable doubt due to lack of corroboration, failure to call key witnesses, and failure to tender the alleged weapon as evidence. The accused raised sufficient doubt as to his guilt.

Court Disposition

acquittal and discharge