The Republic Vrs Awutu [2022] GHADC 72 (20 September 2022)

The Republic Vrs Awutu [2022] GHADC 72 (20 September 2022)

The accused's actions of entering the complainant's house with a cutlass, making explicit threats to kill, and corroborated witness testimony established a real expectation of death in the mind of the complainant, satisfying both actus reus and mens rea for the offence of threat of death under section 75 of Act 29. The prosecution proved its case beyond reasonable doubt.

Citation
[2022] GHADC 72
Parties
Prosecution: The Republic; Accused: Kofi Awutu
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 September 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Threat of Death, Burden of Proof, Standard of Proof, Sentencing
Source Language
English
Criminal Law Threat of Death Burden of Proof Standard of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Kofi Awutu

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether or not the accused person threatened the complainant with death

Ratio Decidendi

The accused's actions of entering the complainant's house with a cutlass, making explicit threats to kill, and corroborated witness testimony established a real expectation of death in the mind of the complainant, satisfying both actus reus and mens rea for the offence of threat of death under section 75 of Act 29. The prosecution proved its case beyond reasonable doubt.

Court Disposition

conviction

Orders

  • Accused found guilty of threat of death.
  • Accused sentenced to eighteen (18) months imprisonment.