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March 28, 2023
DISTRICT COURT
GHANA
CORAM
BACKGROUND
The accused person was arraigned before this Court on 3rd June, 2022 on charges of
Conspiracy to commit crime and causing harm contrary to Sections 23(1) and 69 of the
Criminal Offences Act, 1960 (Act 29).
BRIEF FACTS
The facts as attached by the Prosecution stated that the complainant William Kpeli Awudi
is a 32 years old farmer and a native of Dzodze whlist the accused is a 22 years old
commercial motor rider and resides in Kpelikorpe near Dzodze.
The Prosecution stated that on the 22nd of September, 2021 the complainant was on his
farm at Agbadome, when the accused together with another person named Robert DeGraft Johnson currently at large, visited the farm to confront him on why he assaulted
the younger brother of the accused.
The Prosecution stated that whiles explaining the issues to them, the accused got
infuriated and removed a metal chain from his pocket which he used to assault the
complainant.
The prosecution stated that the accused afterwards collected the complainant’s cutlass
which was then in the possession of A2 and used same to inflict wounds on the
complainant.
The prosecution stated that later on the same day, the complainant reported at the Weta
Police station with cutlass wounds and was issued with a medical form to attend hospital
which was later returned by him duly endorsed.
The prosecution stated that A1 was later arrested and upon cautioning admitted the
offence but stated that it was the complainant who attacked him first with the cutlass
before he retaliated.
The accused person based on his admission and further investigations was arraigned
before the court for prosecution.
PLEA OF ACCUSED
The accused person pleaded not guilty to the offences when the charges and particulars
of the offences were read and interpreted to him and was admitted to bail.
Witness statements of witnesses of prosecution together with charge statement,
investigation caution statement of the accused person were filed by the prosecution
together with a medical report and a photograph evidencing the injured state of the
complainant and served on the accused for trial.
THE CASE OF PROSECUTION
The prosecution called in addition to the complainant, Wisdom Dzotepe (PW2) and the
police investigator (PW3) as witnesses to prove his case.
In his evidence to the Court, the complainant, first prosecution witness stated that, he
was on his farm when he saw two children on his neighbours farm uprooting cocoyam
so he flogg
AI Generated Summary
On 3 June 2022, the District Magistrate, His Worship Nelson Delasi Awuku, tried a case stemming from a confrontation on 22 September 2021 at Agbadome near Dzodze. The complainant, William Kpeli Awudi, a 32-year-old farmer, said the accused, a 22-year-old commercial motor rider from Kpelikorpe, and another (Robert DeGraft Johnson, at large) came to his farm because Awudi had beaten the accused’s nephew. Awudi and eyewitness Wisdom Dzotepe testified that the accused slapped Awudi, struck him with a chain, and cut him with Awudi’s cutlass, causing serious injuries confirmed by St. Anthony’s Hospital, Dzodze, and Dr. Emmanuel Yaw Adjei, including an open fracture and tendon damage requiring surgery. The accused admitted a confrontation but claimed Awudi first attacked him with a cutlass, raising self-defence or provocation. Applying the Evidence Act burdens and Act 29 elements, the court found the prosecution failed to prove conspiracy, as there was no prior agreement. However, the court held the evidence proved causing harm beyond reasonable doubt, and the accused’s account—including contradictions and failure to cross-examine a key witness—did not create reasonable doubt. The court acquitted on conspiracy, convicted on harm, fined the accused and ordered compensation.