REPUBLIC VRS WIAFE (B3/104/2023) [2024] GHACC 78 (14 February 2024)

REPUBLIC VRS WIAFE (B3/104/2023) [2024] GHACC 78 (14 February 2024)

The court found that the accused uttered words that, in their plain and ordinary meaning, constituted a threat of death with intent to put the complainant in fear of death. The prosecution's evidence was credible and unchallenged, and the accused's mere denial did not raise a reasonable doubt. The prosecution proved the offence beyond reasonable doubt.

Citation
REPUBLIC VRS WIAFE (B3/104/2023) [2024] GHACC 78 (14 February 2024)
Parties
Prosecution: The Republic; Accused: Kwasi Wiafe
Court
ghacc
Jurisdiction
Ghana
Judgment Date
14 February 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Threat of Death, Burden of Proof, Standard of Proof, Sentencing
Source Language
eng
Criminal Law Threat of Death Burden of Proof Standard of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Kwasi Wiafe

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 prosecution proved the guilt of the accused beyond reasonable doubt

Ratio Decidendi

The court found that the accused uttered words that, in their plain and ordinary meaning, constituted a threat of death with intent to put the complainant in fear of death. The prosecution's evidence was credible and unchallenged, and the accused's mere denial did not raise a reasonable doubt. The prosecution proved the offence beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • The accused is convicted of threat of death.
  • The accused is sentenced to a fine of 400 penalty units, in default three years imprisonment.