REPUBLIC VRS ATTA (BR/DR/DC/D3/05/2021) [2023] GHADC 1186 (9 November 2023)

REPUBLIC VRS ATTA (BR/DR/DC/D3/05/2021) [2023] GHADC 1186 (9 November 2023)

The prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with death due to inconsistencies in witness testimonies and the successful raising of an alibi by the accused.

Citation
[2023] GHADC 1186
Parties
Prosecution: The Republic; Accused: Atta Kwasi
Court
District Court
Jurisdiction
Ghana
Judgment Date
9 November 2023
Case Number
BR/DR/DC/D3/05/2021
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Threat of Death, Burden of Proof, Alibi, Evidence Inconsistencies
Source Language
English
Criminal Law Threat of Death Burden of Proof Alibi Evidence Inconsistencies

Case Brief

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Parties

The Republic

Prosecution

Atta Kwasi

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) of 1960

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with death due to inconsistencies in witness testimonies and the successful raising of an alibi by the accused.

Court Disposition

acquittal and discharge

Orders

  • The accused is acquitted and discharged on the charge of threat of death.