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May 11, 2023
DISTRICT COURT
GHANA
CORAM
Accused was charged for threat of death contrary to Section 75 of Act 29/60.
In particulars of offence, Accused aged 48 who is a farmer, that on the 11th March 2022 at about 9 pm at Atteh Poponya village near Oterkpolu in the Eastern Magisterial District and within the Jurisdiction of this court threatened one Quist Marteykour with words to wit’’ I will poison you and your daughter’’ with the intent to put the said Marteykuor to fear of death.
Accused pleaded not guilty to the charge after brief facts were presented by prosecution.
Prosecution presented fasts of the case that complainant in this case is aged 50 years and a farmer at Atteh Poponya near Oterkpolu while accused aged 48 years is also a farmer of same village.
That on 11th March 2022 at about 9pm, accused went to complainant houses to look for her husband who is the area Dadematse. A quarrel ensued between them and in the process accused became offended and threatened complainant with the words to wit’’ I will poison you and your daughter in the presence of witnesses. A report made to the police led to the arrest of accused for questioning.
Accused was charged with the offence after investigations and arranged before court. Accused pleaded not guilty to the charge and filed a defense statement to that effect.
Prosecution led three witnesses to prove his case.
PW 1 who is the complainant filed a witness statement and stated accused came to her house and said her husband had reported her to the police and complainant told accused she would take her to police to enquire the following day and the issue of who pays for the transportation brought up a quarrel between she complainant and accused.
Complainant alleged accused threatened to poison her daughter and she complainant would be arrested. PW 1 also alleges accused stated whatever she would do to poison her she will do before night.
PW 2 who is a son of complainant confirmed being in the house where accused person came to ask **of his father who had slept by then.
That PW1 his Mother offered to listen to accused who said complainant’s husband had reported her to the police, to which complainant offered to go with accused to the police to verify.
The issue of paying for transportation led to a quarrel between accused and PW 1 during which PW 2 alleged accused made the threat to poison complainant and her daughter.
PW 3 who also is a son of complainant stated he was also at home when accused came and corroborated the statement of PW
AI Generated Summary
The District Magistrate Court, presided over by Her Worship Bernadine S. A. Senoo, tried and convicted a 48-year-old farmer from Atteh Poponya near Oterkpolu for threatening death under Section 75 of Act 29/60. The complainant, Quist Marteykour, reported that the accused came to her home at about 9 p.m. on 11 March 2022 to seek her husband, the area Dadematse. A quarrel over transportation to the police ensued, during which the accused said, “I will poison you and your daughter,” and added she would poison the daughter by the next evening, statements heard by PW1 and her sons, PW2 and PW3. PW4, the investigator, confirmed receiving the report and corroborations. The court outlined the prosecution’s burden to prove beyond reasonable doubt and the statutory definition of threat. Finding corroborated utterances and fear, the court held the elements satisfied, convicted the accused, and imposed a fine of 150 penalty units (default 90 days’ imprisonment) as a first-time offender.