Try asking the following...
Try asking the following...
January 12, 2023
DISTRICT COURT
GHANA
CORAM
JUDGMENT
1. In this case, accused is charged with the following offences:
COUNT ONE
STATEMENT OF OFFENCE
Unlawful Entry, contrary to section 152 of the Criminal Offences Act, 1960 (Act
PARTICULARS OF OFFENCE
Zakaria Mohammed Kamaldeen, Age 39years, Teacher: On the 1st March, 2022 at
Salamba, Tamale in the Northern Magisterial District and within the jurisdiction
of this Court, you unlawfully entered the room of Issahaku Abdul Samin Jimah
with the intention of committing a criminal offence to wit threat of death and
assault.
COUNT TWO
STATEMENT OF OFFENCE
Assault, contrary to section 84 of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
Zakaria Mohammed Kamaldeen, Age 39years, Teacher: On the 1st March, 2022 at
Salamba, Tamale in the Northern Magisterial District and within the jurisdiction
of this Court, you unlawfully assaulted Issahaku Abdul Samin Jimah.
COUNT THREE
STATEMENT OF OFFENCE
Threat of Death, contrary to section 75 of the Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
Zakaria Mohammed Kamaldeen, Age 39years, Teacher: On the 1st March, 2022 at
Salamba, Tamale in the Northern Magisterial District and within the jurisdiction
of this Court, you threatened one Issahaku Abdul Samin Jimah into the fear of
death.
FACTS OF THE CASE
2. The facts of the case as tersely given by the prosecution are that on 28th February, 2022
at about 8:30pm complainant, Issahaku Abdul Samin Jimah, was in his room when
his light went off. He then called an electrician to look at it. After restoring the light,
accused person’s mother who is also a tenant confronted the complainant and accused
him of engaging in illegal connection. This complainant denied but this escalated into
an argument. Accused sister, Jamila Zakaria, then informed accused about the issue.
On 1st March, 2022 the complainant was in his room with some friends when accused
confronted him with a pistol pointed at his forehead, and demanded to see
complainant’s senior brother. Complainant, however, hesitated to disclose the
whereabout of his brother. Accused became furious and subjected complainant to
severe beatings. Accused then threatened to kill the complainant with the pistol.
Complainant, however, managed to escape the room but accused would chase him
around with the pistol. Accused not able to lay hands on complainant, returned to the
house and caused damage to complainant’s glass door, valued at GHS5,000.00 and
motorbike also
AI Generated Summary
This Magistrate Court judgment from Tamale concerns the prosecution of Zakaria Mohammed Kamaldeen, a 39-year-old teacher, for unlawful entry, assault, and threat of death against his cousin, Issahaku Abdul Samin Jimah, following a dispute over alleged illegal electricity connection at Salamba. On 1 March 2022, Kamaldeen confronted Jimah in his room, pointed a pistol at his forehead, demanded to see Jimah’s brother, beat Jimah, threatened to kill him, and chased him outside; unable to catch him, Kamaldeen damaged Jimah’s glass door and motorbike. The prosecution relied on Exhibits A and B (cautioned statements) and the toy pistol (Exhibits C and C1). Applying Ghana’s Evidence Act, Constitution, and Act 29 definitions, the court deemed the confession voluntary and reliable, found each offence’s elements proven beyond reasonable doubt, rejected reconciliation under Courts Act section 73 for the felonies, convicted on all counts, and imposed fines with concurrent default imprisonment terms.