Republic Vrs Nyamekye [2023] GHACC 185 (24 January 2023)

Republic Vrs Nyamekye [2023] GHACC 185 (24 January 2023)

The prosecution failed to prove beyond reasonable doubt that the accused intended to put the complainant in fear of death, as required by section 75 of Act 29. There was insufficient evidence of words or conduct by the accused that would create in the mind of the complainant an expectation of death.

Citation
Republic Vrs Nyamekye [2023] GHACC 185 (24 January 2023)
Parties
Prosecution: The Republic; Accused: Ebenezer Nyamekye
Court
ghacc
Jurisdiction
Ghana
Judgment Date
24 January 2023
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Threat of Death, Burden of Proof, Evidence, Domestic Violence
Source Language
eng
Criminal Law Threat of Death Burden of Proof Evidence Domestic Violence

Case Brief

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Parties

The Republic

Prosecution

Ebenezer Nyamekye

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully threatened to kill the complainant contrary to section 75 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused intended to put the complainant in fear of death, as required by section 75 of Act 29. There was insufficient evidence of words or conduct by the accused that would create in the mind of the complainant an expectation of death.

Court Disposition

acquittal and discharge

Orders

  • Accused is acquitted and discharged.
  • Accused is warned to desist from such acts.