REPUBLIC v. HANS CARBOO

J U D G E M E N T

The accused person was arraigned before this court on the charge of Assault contrary to section 84 of the Criminal and Other Offences Act, 1960 (Act 29)

The accused person pleaded not guilty to the charge when it was read and explained to him.

The facts of the case as presented by the prosecution were that the complainants are Comfort Korla Summey who is 68 years old and a retired teacher and Kenneth Kwao Boafo who is 38 years old and a farmer and they both stay at Oduwanya which is a suburb of Somanya. The Accused person Hans Carboo Kwenor is 34 years old and a business man and also resides at Oduwanya. Comfort Korla Summey is the mother of Kenneth Kwao Boafo and an aunty of the accused person. On Sunday the 24/5/2020, the accused person had a confrontation with Kenneth Kwao Boafo in the house in the course of which he pushed Kenneth who fell onto the ground. This was at a time that Comfort Korla Summey was out of the house. When Comfort Summey returned to the house and realized that they were quarrelling she attempted to separate them and in the process the accused person pushed her violently on the chest which caused her much pains on the chest. Kenneth Boafo and Comfort Summey lodged a complaint of assault against the accused person at the police station. They were issued with police medical report Form to attend hospital for treatment. Accused person was later arrested for investigation after which he was charged with the stated offence.

In the witness statement of PW1 Comfort Korla Summey she corroborated the facts of the prosecution and added that the accused person and Kenneth Boafo were eventually separated by a tenant in the house.

PW2, Kenneth Kwqao Boafo in his witness statement corroborated the facts of the prosecution and added that the confrontations in the house are becoming a challenge as such the police should assist to resolve same..

PW3 who is the wife of Kenneth Kwao confirmed the facts as presented by the prosecution and added that the accused person pushed Comfort Summey three times on the chest after which accused threatened to cane her, Comfort Summey and Kenneth Kwao.

D/L/CPL Atanla Peter is the investigator in the case. He stated that the accused person went to Kenneth Kwao for clarification on an issue which resulted in a quarrel. He relied on the Investigation Caution and charge statements and the endorsed police medical Forms of Comfort Summey and Kenneth Kwao marked as Exhibits A,B,C and C1 respective