THE REPUBLIC v. GRACE KPESESE & ANOTHER

BACKGROUND

The accused persons were arraigned before this Court on 26th April, 2022 on charges of

Conspiracy to commit crime to wit assault, Assault and Causing Harm contrary to

Sections 23(1), 84 and 69 of the Criminal Offences Act, 1960 (Act 29).

BRIEF FACTS

The facts as read by Prosecution stated that the complainant Korsi Dotsey age 57 years

old is the brother of the second accused Robert Dotsey 47 years old. The first accused

Grace Kpesese is a trader and the wife of the second accused.

The Prosecution stated that on 29th November, 2021 at about 11:00am, the complainant

visited his compound and while standing under a coconut tree, A1 and A2 without any

provocation attacked him with sticks and assaulted him till he fell unconscious on the

ground.

The Prosecution stated that A1 in the cause of the attack hit the head of the complainant

with a stick which resulted in an injury that caused the complainant to be rushed to the

hospital for treatment.

The prosecution stated that the complainant later reported the matter to the police and

the accused persons were arrested.

The prosecution stated that A1 admitted the offence in her investigation caution

statement to the police but A2 denied his involvement. Both accused persons were

charged with the offences and arraigned before the court.

PLEA OF ACCUSED PERSONS

A2 pleaded not guilty to the offences when the charges and particulars were read and

interpreted to him. A plea of not guilty was entered for A1 after her explanations. Both

accused persons were admitted to bail.

Witness statements of witnesses of prosecution together with charge statements and

investigation caution statements of the accused persons were filed by the prosecution

together with a medical report of complainant and served on the accused persons for

trial.

THE CASE OF PROSECUTION

The prosecution relied on the evidence of the complainant as his first witness and called

as additional witnesses Afi Dotsey as PW2 and the police investigator D/Inspector Bright

Quarshie as PW3.

In his evidence to the Court, the complainant, first prosecution witness stated that, he is

a farmer and a native of Vume but currently resides in Afife and goes to farm at Vume.

PW1 stated that on the 29th of November, 2021 at about 8:00am he was on his compound

on a normal visit and realized someone had put a trip of sand on his portion of the land.

PW1 stated further that whiles standing under a coconut tree on the compound, A2 came