REPUBLIC VRS DZROH (B3/04/2022) [2023] GHADC 701 (21 April 2023)

REPUBLIC VRS DZROH (B3/04/2022) [2023] GHADC 701 (21 April 2023)

The court found that the prosecution proved beyond reasonable doubt that the accused threatened the complainant with death, both directly and through a witness, thereby putting the complainant in fear for his life, satisfying the elements of Section 75 of Act 29.

Citation
REPUBLIC VRS DZROH (B3/04/2022) [2023] GHADC 701 (21 April 2023)
Parties
Prosecution: The Republic; Accused: Charles Dzroh
Court
ghadc
Jurisdiction
Ghana
Judgment Date
21 April 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Threat of Death, Criminal Liability, Burden of Proof
Source Language
eng
Criminal Law Threat of Death Criminal Liability Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Charles Dzroh

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 essential ingredients of the offence beyond reasonable doubt

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused threatened the complainant with death, both directly and through a witness, thereby putting the complainant in fear for his life, satisfying the elements of Section 75 of Act 29.

Court Disposition

conviction

Orders

  • Accused convicted of threat of death contrary to Section 75 of Act 29.
  • Accused sentenced to sign a bond to be of good behavior for 12 months or in default serve 2 weeks imprisonment in hard labour.