REPUBLIC VRS AGORDO (CC3/06/2023) [2024] GHADC 352 (18 June 2024)

REPUBLIC VRS AGORDO (CC3/06/2023) [2024] GHADC 352 (18 June 2024)

The prosecution proved beyond reasonable doubt that the accused threatened the complainant with death and assaulted her by slapping, satisfying the statutory elements of both offences. The accused's defence did not create reasonable doubt or provide a probable alternative explanation.

Citation
REPUBLIC VRS AGORDO (CC3/06/2023) [2024] GHADC 352 (18 June 2024)
Parties
Prosecution: The Republic; Accused: Obed Agordo
Court
ghadc
Jurisdiction
Ghana
Judgment Date
18 June 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Threat of Death, Assault, Burden of Proof, Criminal Procedure
Source Language
eng
Criminal Law Threat of Death Assault Burden of Proof Criminal Procedure

Case Brief

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Parties

The Republic

Prosecution

Obed Agordo

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of threat of death under Section 75 of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused is guilty of assault under Section 84 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused threatened the complainant with death and assaulted her by slapping, satisfying the statutory elements of both offences. The accused's defence did not create reasonable doubt or provide a probable alternative explanation.

Court Disposition

conviction

Orders

  • Accused found guilty of threat of death and assault under Sections 75 and 84 of the Criminal Offences Act, 1960 (Act 29).
  • Sentenced to a fine of 200 penalty units (default 18 months imprisonment) on Count 1.