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JUDGMENT
The accused was arraigned before this court charged with one count of Causing Harm
contrary to section 69 of the Criminal Code, 1960 (Act 29). He pleaded not guilty to the
charge. Following from the plea, the case was slated for evidence to be taken which has
culminated in this judgment.
The facts of this case as contained in the charge sheet and as narrated by the prosecution
was that Complainant Richard Fenyi is a farmer. Accused Benjamin Nyarkoh is a driver.
Both live at Agona Bobikuma. On 12/01/2023 about 9:00pm, the complainant went to
drink at a drinking spot located along the Koduabe road. While there, the accused
approached the complainant to buy him a bottle of club beer but he declined and offered
to buy him 'Akpeteshie' or local dry gin. Accused took offence and threatened to stab the
complainant if he failed to grant him his request. The complainant later left the place for
fear of being harmed but the accused went after him and picked a quarrel with him. In
the process, the accused pulled out a pair of scissors from his pocket and stabbed the
complainant on his left hand and went into hiding. A report was made to Police and
Police Medical Report Form was issued to the complainant to seek medical attention. The
Police Medical Report Form was returned dully endorsed by the Medical Officer. On
24/01/2023, the accused was spotted in town and was arrested for investigations, he was
charged with the offence and arraigned before this court.
Because the accused herein did not plead guilty to the charges, the case had to proceed to
trial to determine the guilt or otherwise of the accused persons. The law has been that a
person who is accused of having committed an offence is presumed innocent until he has
been proven guilty or he has voluntarily pleaded guilty to the charge. This is a
constitutional injunction provided for by Article 19(2) (c) of the 1992 Constitution of
Ghana. The burden of proof that such an accused person is guilty in a criminal case is
therefore on the prosecution at all material times. It is on the prosecution to introduce
sufficient evidence to establish the guilt of the accused in respect of the charges levelled
against him. It has been held that the failure to discharge that burden should lead to the
acquittal of the accused. And this proof required of the prosecution is said to be proof
beyond reasonable doubt. See Oteng v The State [1966] GLR 352. So while the
prosecution is required at all time