Republic Vrs Kodzokuma [2022] GHADC 319 (8 September 2022)

Republic Vrs Kodzokuma [2022] GHADC 319 (8 September 2022)

The accused was found guilty of threat of harm as the evidence showed he threatened the complainant with harm, but acquitted on the charge of offensive conduct conducive to breach of the peace as the incident did not occur in a public place.

Citation
[2022] GHADC 319
Parties
Prosecution: The Republic; Accused: Winfred Kodzokuma
Court
District Court
Jurisdiction
Ghana
Judgment Date
8 September 2022
Procedural Posture
Criminal / Judgment
Outcome
partially convicted
Legal Topics
Threat of Harm, Offensive Conduct, Breach of Peace
Source Language
English
Criminal Law Threat of Harm Offensive Conduct Breach of Peace

Case Brief

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Parties

The Republic

Prosecution

Winfred Kodzokuma

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused threatened the complainant with harm contrary to Section 74 of the Criminal Offences Act 29/60
  2. 2 Whether the accused committed offensive conduct conducive to breach of the peace contrary to Section 207(1) of Act 29/60

Ratio Decidendi

The accused was found guilty of threat of harm as the evidence showed he threatened the complainant with harm, but acquitted on the charge of offensive conduct conducive to breach of the peace as the incident did not occur in a public place.

Court Disposition

partially convicted

Orders

  • Accused convicted and sentenced to sign a bond to be of good behavior for six months or in default two weeks’ imprisonment with hard labor on count 1 (threat of harm).
  • Accused acquitted and discharged on count 2 (offensive conduct).