The Republic Vrs Abudu [2022] GHADC 228 (20 December 2022)

The Republic Vrs Abudu [2022] GHADC 228 (20 December 2022)

The accused, by holding a cutlass and threatening to harm others, intended to put them in fear of unlawful harm. The prosecution proved all elements of the offence beyond a reasonable doubt, and the accused's explanations did not raise reasonable doubt as to his guilt.

Citation
[2022] GHADC 228
Parties
Prosecution: The Republic; Accused: Rashid Abudu
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 December 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Threat of Harm, Burden of Proof, Sentencing
Source Language
English
Criminal Law Threat of Harm Burden of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Rashid Abudu

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused threatened the victim(s) with unlawful harm
  2. 2 Whether the accused intended to put the victim(s) in fear of unlawful harm

Ratio Decidendi

The accused, by holding a cutlass and threatening to harm others, intended to put them in fear of unlawful harm. The prosecution proved all elements of the offence beyond a reasonable doubt, and the accused's explanations did not raise reasonable doubt as to his guilt.

Court Disposition

conviction and sentence

Orders

  • The accused is sentenced to pay a fine of 150 penalty units or in default serve three months imprisonment with hard labour.
  • The accused is ordered to sign a bond to be of good behaviour after serving the sentence.