REPUBLIC VRS AMEGA (CC9/05/2022) [2023] GHADC 1214 (30 November 2023)

REPUBLIC VRS AMEGA (CC9/05/2022) [2023] GHADC 1214 (30 November 2023)

Prosecution proved beyond reasonable doubt that the accused threatened the complainant with unlawful harm and intended to put her in fear, satisfying the elements of the offence under Section 74 of the Criminal Offences Act, 1960 (Act 29).

Citation
[2023] GHADC 1214
Parties
Prosecution: The Republic; Accused: Sampson Amega alias Bessah
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 November 2023
Case Number
CC9/05/2022
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Threat of Harm, Unlawful Damage, Burden of Proof, Sentencing
Source Language
English
Criminal Law Threat of Harm Unlawful Damage Burden of Proof Sentencing

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Parties

The Republic

Prosecution

Sampson Amega alias Bessah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused person threatened the complainant with unlawful harm
  2. 2 Whether the accused person caused unlawful damage to the complainant's property

Ratio Decidendi

Prosecution proved beyond reasonable doubt that the accused threatened the complainant with unlawful harm and intended to put her in fear, satisfying the elements of the offence under Section 74 of the Criminal Offences Act, 1960 (Act 29).

Court Disposition

conviction

Orders

  • Accused convicted of threat of harm contrary to Section 74 of the Criminal Offences Act, 1960 (Act 29).
  • Accused sentenced to a fine of 200 penalty units, in default 12 months imprisonment.