REPUBLIC VRS AGYEMANG (201/2023) [2024] GHACC 231 (29 May 2024)
The prosecution failed to prove beyond reasonable doubt that the accused intended to put the complainant in fear of death or that the complainant expected death at the hands of the accused. Contradictions in witness testimony and lack of corroboration created reasonable doubt, requiring acquittal.
- Citation
- REPUBLIC VRS AGYEMANG (201/2023) [2024] GHACC 231 (29 May 2024)
- Parties
- Prosecution: The Republic; Accused: Kwadwo Agyemang
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 29 May 2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal and discharge
- Legal Topics
- Threat of Death, Burden of Proof, Contradictory Evidence
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Republic
Prosecution
Kwadwo Agyemang
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused threatened the complainant with death contrary to Section 75 of the Criminal Offences Act, 1960 (Act 29)
- 2 Whether the prosecution proved its case beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused intended to put the complainant in fear of death or that the complainant expected death at the hands of the accused. Contradictions in witness testimony and lack of corroboration created reasonable doubt, requiring acquittal.
Court Disposition
acquittal and discharge
Orders
- The accused person is acquitted and discharged.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment