Ghana Case Law

REPUBLIC VRS SARPONG (B14/85/2023)

REPUBLIC VRS SARPONG (B14/85/2023) [2024] GHACC 86 (21 February 2024)

Court

ghacc

The prosecution failed to prove beyond reasonable doubt that the accused drove without due care and attention or negligently caused harm, as the evidence showed the accident occurred in the accused's rightful lane and there was no proof of injury caused by the accused's actions.

Source excerpt

• Careless and inconsiderate driving
• Negligently causing harm
• Burden of proof
• Standard of proof
• Acquittal

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BOAKYE VRS REPUBLIC (D15/01/2024)

BOAKYE VRS REPUBLIC (D15/01/2024) [2024] GHAHC 93 (15 February 2024)

Court

ghahc

The sentence imposed was not excessively harsh considering the circumstances, including the gravity of the offence, loss of life, and the appellant's conduct. The trial court considered mitigation and sentencing guidelines. The appeal is refused and the sentence maintained.

Source excerpt

• Sentencing
• Mitigating factors
• Careless driving
• Negligently causing harm
• Driving without license

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REPUBLIC VRS BOAKYE (D18/19/19)

REPUBLIC VRS BOAKYE (D18/19/19) [2024] GHACC 16 (25 January 2024)

Court

ghacc

The prosecution has led sufficient prima facie evidence on both counts to require the accused person to open his defence. Submission of no case is dismissed.

Source excerpt

• Dangerous driving
• Negligently causing harm
• Submission of no case

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REPUBLIC VRS ALIDU (UB/BG/CT B18/18/2023.)

REPUBLIC VRS ALIDU (UB/BG/CT B18/18/2023.) [2023] GHACC 1190 (22 December 2023)

Court

Circuit Court

Case number

UB/BG/CT B18/18/2023.

The accused was found guilty of dangerous driving and negligently causing harm because he was speeding in a built-up area, driving without a valid license, and his actions resulted in two deaths and serious injury. Charging multiple counts for a single incident was improper and violated the rule against multiplicity; thus, only one count each for dangerous driving and negligently causing harm were upheld.

Source excerpt

• Dangerous driving
• Negligently causing harm
• Driving without a valid license
• Multiplicity of charges
• Double jeopardy

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Republic Vrs Francis Dugbaza

Republic Vrs Francis Dugbaza [2023] GHACC 406 (8 December 2023)

Court

Circuit Court

The prosecution failed to prove beyond reasonable doubt that the accused was the driver of the vehicle, as the key witnesses who could identify the accused were not called to testify.

Source excerpt

• Careless and inconsiderate driving
• Negligently causing harm
• Burden of proof
• Identification evidence

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Republic Vrs Kumah (364/2023)

Republic Vrs Kumah (364/2023) [2023] GHACC 911 (30 November 2023)

Court

Circuit Court

Case number

364/2023

The harm caused to the complainant was not intentional but was unlawful and without justification. The evidence supports conviction for the lesser offence of negligently causing harm rather than intentional causing of harm.

Source excerpt

• Causing harm
• Negligently causing harm
• Intentionality
• Unlawful acts

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REPUBLIC VRS AGEDE (D18//25/21)

REPUBLIC VRS AGEDE (D18//25/21) [2023] GHACC 798 (29 November 2023)

Court

Circuit Court

Case number

D18//25/21

The accused was not guilty of careless and inconsiderate driving as the incident did not occur on a road as defined by law, but was guilty of negligently causing harm because, as a competent driver, he failed to ensure the vehicle was in neutral and that no one was under the truck before starting the ignition, resulting in death.

Source excerpt

• Careless and inconsiderate driving
• Negligently causing harm
• Burden of proof
• Sentencing

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REPUBLIC VRS: AGEDE (D18//25/21)

REPUBLIC VRS: AGEDE (D18//25/21) [2023] GHACC 641 (29 November 2023)

Court

Circuit Court

Case number

D18//25/21

The Circuit Court at Tema acquitted the accused of careless driving but convicted him of negligently causing harm after a truck lurching incident killed a mate beneath it.

• Careless and inconsiderate driving
• Negligently causing harm
• Burden of proof
• Sentencing
• Negligently-causing-harm
• Careless-driving

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The Republic Vrs Adjei

The Republic Vrs Adjei [2023] GHACC 367 (20 July 2023)

Court

Circuit Court

Accused's manner of driving at the junction, failure to observe due care and attention, and inability to avoid the victim constituted dangerous driving and negligence; evidence and accident sketch confirmed accused's vehicle caused the fatal injury.

Source excerpt

• Dangerous driving
• Negligently causing harm
• Proof beyond reasonable doubt

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Republic Vrs Francis

Republic Vrs Francis [2023] GHADC 448 (19 July 2023)

Court

District Court

The District Court at Asamankese acquitted and discharged Awutey Francis of careless driving and negligently causing harm, finding the accident was caused by a backhoe left on the road.

• Careless driving
• Negligently causing harm
• Burden of proof
• Actus reus
• Mens rea
• Careless-driving

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