THE REPUBLIC v. BENJAMIN NYARKOH

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