THE REPUBLIC V BOADI (D3/11/2024) [2024] GHADC 537 (1 August 2024)

BEFORE HER HONOUR NANA ADWOA SERWAA DUA-ADONTENG JUDGE SITTING AT AKROPONG CIRCUIT COURT ON THE 1ST DAY OF AUGUST, 2024. SUIT NO: D3/11/2024

THE REPUBLIC

VERSUS

AKWASI BOADI

FINAL JUDGEMENT The Accused was charged with unlawful entry contrary to section 152 of the criminal offences Act 1960 Act 29. That you on the 29th day of July 2024 at 2:30am at Aboaboso in the Ashanti Region and within the jurisdiction of this court you unlawfully entered the premises of Akwasi Agyapong with intent to commit crime The accused was charged with causing damage contrary to section 172 of the criminal offences Act 1960 Act 29. That you on the 29th day of July 2024 at 2:30am at Aboaboso in the Ashanti Region and within the jurisdiction of this court you unlawfully caused damage to a glass sliding window value GHC 1,000.00 the property of Akwasi Agyapong. The Accused was charged with assault contrary to section 84 of the criminal offences Act 1960 Act 29. That you on the 29th day of July 2024 at 2:30am at Aboaboso in the Ahanti Region and within the jurisdiction of this court you unlawfully assaulted Akwasi Agyapong. The Accused was charged with possessing instrument intended or adapted for unlawful entry. Contrary to section 154 of the criminal offences Act 1960 Act 29. That you on the 29th day of July 2024 at 2:30am at Aboaboso in the Ashanti Region and within the jurisdiction of this court you had in your possession a pair of scissors, one safety matches box, one long palm frond, one cutter an implement intended or adapted for unlawful entry

PLEA The court explained to the Accused what the pleas of Guilty, Not Guilty and Guilty with Explanation were and the effect of each plea. Accused pleaded Not Guilty to the charge on count one, Guilty Simpliciter on Count two, Guilty with Explanation on Count three and Guilty Simpliciter on the charge on Count four.

FACTS The complainant is a farmer residing at Aboaboso near Atwima Koforidua while the accused person is also a mason from Abuakwa Asenemaso. On 28/07/2024 at 9:00 pm, the complainant properly locked his main gate, windows and retired to bed. On 29/07/2024 at 2:30 am, the accused person who was armed with a pair of scissors, a cutter, a matches box, a palm frond and a rubber glue jumped over their fenced wall into the house and caused damage to the glass sliding window and cut off part of the net. That a witness in this case spotted the accused through the window and quickly informed the complainant. The complainant with the help of his junior brother tried to arrest the accused but the accused struggled with the complainant and as a result the accused stabbed the complainant with the pair of scissors on his left wrist and sustained some bruises on his chest. A spot search conducted on him revealed a pair of scissors, a matches box, a cutter and a rubber glue. A palm frond was also found at the scene of crime. The accused was over powered arrested and handed over to the police Akropong for investigations. On 29/07/2024 police medical report form was issued to the complainant to attend hospital for treatment and report. On 31/07/2024 the complainant submitted the police medical report form fully endorsed by a medical officer. After investigation accused was charged with the

offences as stated on the charge sheet and put before this court. CONVICTION ON OWN PLEA (COP) Explanation of Count 3 in respect of count 3 (Assault) My Lady, I told the CID that two other guys helped me to commit the crime but when they arrested the two guys, they took Gh₵5,000 form the guys and released them. C/I Chris Mensah says he is the CID in charge of the case. In open court he told the court that the video recorded the Accused person when he was arrested and the claim made by the Accused person was asked when he was arrested and he denied it. C/I Chris Mensah requested to play the video in open court and same was played to Accused but he refused to watch. C/I Chris Mensah: Parties were paraded before the District Commander at Abuakwa Divisional. My Lady, I recorded him when he was arrested and he recanted any such claims of having any accomplices. Prosecutor: My Lady, accused person was recently put before the Abuakwa Circuit Court on a charge of Stealing. There he gave his age as 23. The complainant retrieved his motorbike so lost interest and we were compelled to discontinue the case. This was just three months ago. By court: Having heard the Explanation of the Accused person, he does not put forth a defence to the Assault charge. Infact his explanation goes not to any of the charges but to the conduct of the police. He does not state that he was forced or coerced to

admit to the charges. He seems to suggest rather that he did not commit the offence alone. The video produced by the investigator which was shown to Accused person which he did not object to shows the allegation is false per his own statement. I therefore find that the Explanation given by the Accused is not enough to warrant a defence and his plea of Guilty for count 3 (Assault) is maintained. By reason of this, I convict the Accused person on His Own Pleas for Count2, Count3 and Count 4.

PRIOR CONVICTION Accused is not known to the law

PLEA OF MITIGATION I went because I was hungry. I did not mean to harm him but when I was arrested someone tried to cut off my hand and I was trying to defend myself. I did not mean to hurt him with the scissors it was in the struggling that I mistakenly harmed him.

SENTENCE By court: In respect of count 2 - causing Unlawful damage. I sentence accused person to 3 years In respect of Assault, I found from the fact that accused person used offensive weapon and should have been charged under Section 70 which is a first-degree offence I therefore sentence accused person to 20 years for the offence assault. In respect of count 4 possessing instrument, I sentence accused person to 5 years. The sentences are to run consecutively. The court has considered the age of the accused person and finds that the offences charge is beyond the Juvenile Justice offences. Prosecutor: We pray to struck out Count 1 of the charge sheet. By court: The count 1 is struck out as withdrawn. H/H. NANA ADWOA SERWAA DUA-ADONTENG (CIRCUIT COURT JUDGE)