Try asking the following...
Try asking the following...
February 28, 2023
DISTRICT COURT
GHANA
CORAM
JUDGMENT
INTRODUCTION
1. On 5th October, 2023 the accused was arraigned before this court for the below offence:
STATEMENT OF OFFENCE
Assault, contrary to section 84 of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
Osman Salifu Taslim, Teacher, Aged 26yrs: for that you on 15th July, 2022 at
Katariga a suburb of Tamale in the Northern Region and within the jurisdiction of
this court did unlawfully assaulted one Adam Mariam.
FACTS OF THE CASE
2. The facts as given by the prosecution are that accused on 15th July, 2022 went to the
household standpipe to fetch water but it was locked. As a result, accused approached
a co-tenant, one Memunatu Adam, for the key to enable him fetch the water.
Memunatu Adam informed the accused that the key was not in her possession, but
with the complainant, Adam Mariam. Accused, therefore, made comments to the
effect that he was no longer going to pay water bills. Memunatu Adam retorted that
accused must be courageous to tell the complainant that he would no longer pay
water bills. There, accused indicated that he was not afraid to tell the complainant his
decision. When the complainant returned home, Memunatu Adam informed her
about what had happened. The complainant then approached the accused for
confirmation of what transpired, only to be met with hostility by the accused. In an
ensuing altercation, accused severely beat up the complainant resulting in injuries.
The complainant reported the matter to DOVSU and was issued a medical form.
Accused was subsequently arrested. He, however, denied assaulting the complainant.
After investigation, the accused was arraigned before this court.
DEFINITION OF THE OFFENCE
3. Section 84 of Act 29 provides that a person who unlawfully assaults any person
commits a misdemeanour.
BURDEN OF PROOF
4. By a plea of not guilty, the accused puts himself in charge of the court, meaning that
his guilt has to be proved beyond reasonable doubt. The mandatory requirement that
the guilt of the person charged ought to be established beyond reasonable doubt and
the burden of persuasion on the party claiming that the person was guilty, has been
provided for in ss. 11(2), 13(1), 15 and 22 of Evidence Act, 1975 (NRCD 323).
Significantly, whereas the prosecution carries that burden to prove the guilt of the
accused beyond reasonable doubt, there is no such burden on accused to prove his
innocence. At best, he can only raise a doubt in the case of the p
AI Generated Summary
This magistrate court judgment from Tamale concerns a domestic dispute over access to a shared standpipe and payment of a monthly water bill that escalated into violence. Osman Salifu Taslim, a 26-year-old teacher and co-tenant, sought the standpipe key and, after being told by co-tenant Memunatu Adam that the key was with complainant Adam Mariam, declared he would not pay the water bill because he had not fetched water. Memunatu relayed these remarks to Adam, who confronted Osman later that day. The confrontation led to an altercation in which Adam was assaulted and sustained injuries documented by a medical form and photographs. The prosecution called three witnesses and tendered multiple exhibits. Applying section 84 of Act 29, the court found conclusive evidence of assault. Recognizing provocative circumstances involving PW2 and the complainant, the court ordered a one-month good behaviour bond and imposed a caution and discharge.