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April 10, 1972
HIGH COURT
GHANA
CORAM
JUDGMENT OF ANTERKYI J.
By its judgment dated 25 June 1971, the District Court Grade II, Berekum, presided over by his worship Mr. Osei Kwadwo, convicted the accused on each of the following charges:
“STATEMENT OF OFFENCES
1. Assault on public officer, section 205 of Act 29/60.
2. Causing damage, section 172 of Act 29/60.
PARTICULARS OF OFFENCES
1. KWASI ASANTE, lorry driver, for that you on the 1st day of December, 1970, at Nsoatre in the Brong-Ahafo magisterial district and within the jurisdiction of this court, did unlawfully assault one No. 16688 EC/2 Mikporso Abalo, a peace officer then in the execution of his duty as such.
2. KWASI ASANTE, lorry driver, for that you on the same date and place aforesaid in the Brong-Ahafo magisterial district and within the jurisdiction of this court, did intentionally and unlawfully cause damage to one gabardine trousers value N¢12.00 the property of Constable Mikporso Abalo."
Upon the convictions the order of the sentence read:
"Accused [was] sentenced to a fine of N¢50.00 or four months' imprisonment with hard labour on the first charge and N¢30.00 or three months' imprisonment with hard labour on the second charge. Sentences non-cumulative and concurrent. N¢20.00 out of the fine if paid be given to the complainant as compensation."
By the petition signed by himself and filed on 3 July 1971, the appellant appeals on grounds, "(1) That the judgment was against the weight of evidence, (2) That the sentences were too harsh and unreasonable." The case for the prosecution commenced on 13 January 1971 after the trial magistrate had refused an application by defence counsel for an adjournment on the ground that the case had on three earlier occasions been adjourned at his instance.
The story of the prosecution as portrayed by the record of proceedings was that, upon a complaint made at the Nsoatre Police Station by a school girl named Abena Kisiwaah (whom I will refer to in this appeal as K.) that one Kwasi Asante had assaulted her, the first prosecution witness (Mikporso Abalo, the escort police constable referred to in both charges), was detailed by the station officer to go with K. to invite the said Kwasi Asante to the police station. K. accompanied by the first [p.181] prosecution witness found the accused sitting on the canopy of his stationary lorry and wearing a stripped shirt over a pair of brown trousers. And according to the first prosecution witness in his evidence in-chief (as on the record
AI Generated Summary
This appeal arises from the District Court Grade II, Berekum, conviction of Kwasi Asante for assaulting Constable Mikporso Abalo and causing damage to Abalos trousers following a complaint by schoolgirl Abena Kisiwaah. Abalo, in civilian clothes, approached Asante to invite him to the police station, remained at the scene after Asante declined, and seized Asantes ignition key. The prosecution said Asante slapped, kicked, and dragged Abalo; the defence said the key seizure unlawfully confined Asante and any force was to regain access to his vehicle. Justice Anterkyi held the officer was not acting in lawful execution of duty because he failed to inform Asante of the cause of arrest and unlawfully restricted him, amounting to false imprisonment. Self-defence principles and the prosecutions burden of proof defeated the section 205 charge; the court rejected substituting common assault under section 154. On the damage count, unlawfulness was not proven. The appeal was allowed, convictions quashed, and fines refunded.