The Republic Vrs Poku [2022] GHADC 126 (28 October 2022)

The Republic Vrs Poku [2022] GHADC 126 (28 October 2022)

The accused's conduct in bringing out his gun, loading it, and threatening to shoot the complainant dead created an expectation of death in the mind of the complainant, satisfying the elements of the offence under section 75 of Act 29. The accused's defence of self-defence was unsupported by credible evidence and is not available for the charge of threat of death.

Citation
[2022] GHADC 126
Parties
Prosecution: The Republic; Accused: Kwabena Poku
Court
District Court
Jurisdiction
Ghana
Judgment Date
28 October 2022
Procedural Posture
Criminal / Judgment
Outcome
convicted
Legal Topics
Threat of Death, Self Defence, Burden of Proof
Source Language
English
Criminal Law Threat of Death Self Defence Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Kwabena Poku

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, 1960 (Act 29)
  2. 2 Whether the accused's defence of self-defence is tenable

Ratio Decidendi

The accused's conduct in bringing out his gun, loading it, and threatening to shoot the complainant dead created an expectation of death in the mind of the complainant, satisfying the elements of the offence under section 75 of Act 29. The accused's defence of self-defence was unsupported by credible evidence and is not available for the charge of threat of death.

Court Disposition

convicted

Orders

  • The accused is sentenced to a fine of three hundred and fifty penalty units or in default ten months imprisonment in hard labour.
  • Exhibit 'C' (the gun) to be released to the convict after thorough re-education by the police on gun ownership conditions.