Republic Vrs Dornyo [2023] GHADC 525 (13 July 2023)

Republic Vrs Dornyo [2023] GHADC 525 (13 July 2023)

The accused admitted to removing the structure but did so to abate a nuisance after the complainant refused to comply with directives. While the accused had a justifiable ground, taking the law into his own hands without legal recourse constituted an act conducive to a breach of the peace, warranting conviction for the lesser offence under section 207 of the Criminal Offences Act.

Citation
[2023] GHADC 525
Parties
Prosecution: The Republic; Accused: David Dornyo
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 July 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction for lesser offence
Legal Topics
Unlawful Damage, Nuisance, Easement, Breach of the Peace
Source Language
English
Criminal Law Property Law Unlawful Damage Nuisance Easement Breach of the Peace

Case Brief

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Parties

The Republic

Prosecution

David Dornyo

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully caused damage to the complainant's property
  2. 2 Whether the accused had legal justification for removing the structure
  3. 3 Whether the accused's actions constituted a criminal offence

Ratio Decidendi

The accused admitted to removing the structure but did so to abate a nuisance after the complainant refused to comply with directives. While the accused had a justifiable ground, taking the law into his own hands without legal recourse constituted an act conducive to a breach of the peace, warranting conviction for the lesser offence under section 207 of the Criminal Offences Act.

Court Disposition

conviction for lesser offence

Orders

  • Accused convicted for act conducive to a breach of the peace contrary to section 207 of the Criminal Offences Act, 1960 (Act 29)
  • Accused sentenced to a fine of thirty penalty units or in default one-month imprisonment