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JUDGMENT
J U D G E M E N T
CHARGE
1. CARELESS AND INCONSIDERATE DRIVING CONTRARY TO SECTION 3 OF ACT 683/2004, AS AMENDED BY ACT 761/2008.
2. NEGLIGENTLY CAUSING HARM CONTRARY TO SECTION 72 OF THE CRIMINAL OFFENCES ACT 1960 (ACT 29) AS AMENDED.
3. NEGLIGENTLY CAUSING HARM CONTRARY TO SECTION 72 OF THE CRIMINAL OFFECES ACT (SUPRA).
SUMMARY OF PROSECUTION’S EVIDENCE:
It is their case that on the 12th day of November, 2021, the accused who was driving
a taxi cab with Registration No: GR 4954-10 drove the said vehicle carelessly and
caused Harm or Injuries to two passengers namely Francis Kotoka and Kumi
Richard.
That without due care, he drove the car carelessly and hit the back of a backhoe
machine which was then being used to construct the road, but which had developed
a fault and left on the shoulder of the road.
That measurement of the accident scene were taken (Exhibit ’E’) and a report of the
testing officer from DVLA also attached (Exhibit ‘F’). What prosecution failed to
attach were pictures of the accident scene.
SUMMARY OF THE ACCUSED PERSON’S EVIDENCE:
It is his case that, on the 12th day of November, 2021 between the hours of 6:30 p.m
to 7:p.m, he was driving a taxi cab with Registration No: GR 4954-10 with four
passengers on board, from Asamankese towards Ammako. That at that time, the road
from Ammako to Brekumanso was under construction and was dusty.
That unknown to him, a backhoe machine being used for the construction had been
abandoned in the middle of the road. That he accidently run into the back of the
machine due to poor visibility because of the dusty nature of the road, and also
because there was no warning that a machine had developed fault and had been left
in the middle of the road, and also because it was duck.
That the accident occurred at a place after negotiating a bend or a curve and
descending.
That before the impact, three vehicles and a motor bike were from the opposite
direction, hence the poor visibility caused by dust and dark.
That, he together with some of the passengers sustained injuries and were taken to
the Asamankese Government Hospital, and that while still receiving treatment at the
hospital, the owner of the machine had gone to take it away from the accident scene.
Again, he was absent when the investigator took measurements at the accident scene.
That about a month later, the foreman of Maripoma Company which was
constructing the road came to apologise to him that it was the machin