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April 13, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
FACTS:
The accused person was arraigned before this court on 1st July, 2021, on a
charge of Causing Harm contrary to Section 69 of the Criminal Offences Act,
1960(Act 29).
The brief facts presented by the prosecution are that the complainant, Jones
Mensah, is a Ghanaian businessman resident in the United States of America
whilst the accused person is a National Security Operative stationed at the
Tema Port. The prosecution alleges that on 11th May, 2021, the complainant
cleared his container from the Tema Port and whilst returning to Accra, he
crossed the accused person’s vehicle with his vehicle at a place known as
Mankwadze Roundabout in Tema. Thereafter, the accused person followed
the complainant’s vehicle flashing his headlight to signal him to stop but he
failed to do so until they were involved in an accident. This led to a confrontation between the complainant and the accused person after which
onlookers assisted him to push his vehicle back onto the road and he drove
off leaving the accused person.
The prosecution further alleges that this infuriated the accused person who
left his vehicle on the road and joined a sprinter bus to pursue the
complainant. The prosecution further claims that on reaching the Accra-Tema
motorway, about 40 meters from the tollbooth, the accused person saw the
complainant’s vehicle and alighted from the sprinter vehicle, dashed towards
the complainant’s car, pulled him out of his car and subjected him to severe
beatings and in the process, the complainant sustained a cut on his head.
Subsequent to that, a Police patrol team got to the scene and sent the
complainant and the accused person to the Tema Regional Police
Headquarters where a complaint was lodged. A police medical form was
issued to the complainant to go to the hospital where he was treated and
discharged and the medical form was duly endorsed. After investigations, the
accused person was charged with the offence and arraigned before the court.
THE PLEA
The accused person pleaded not guilty to the charge after it had been read
and explained to him in the English language. The accused person having
pleaded not guilty to the charge put the facts of the prosecution in issue and
thereafter the prosecution assumed the onerous burden to prove the guilt of
the accused person beyond reasonable doubt.
To prove their case, the prosecution called five witnesses and tendered in
evidence Exhibit “A” series –Photographs of the com
AI Generated Summary
This Circuit Court criminal judgment, authored by Her Honour Agnes Opoku-Barnieh, concerns a violent roadside confrontation after an initial accident near Tema. The complainant, Jones Mensah, a Ghanaian businessman resident in the United States, had cleared a container at Tema Port and, after a collision with a Ford Escape driven by a National Security operative, left the scene. The operative pursued Mensah in a sprinter bus, intercepted him near the Accra-Tema Motorway tollbooth, pulled him from his vehicle, and a fight ensued. Eyewitness testimony, photographs, and medical evidence showed Mensah suffered a deep, actively bleeding scalp laceration and bruises. Applying Sections 1, 11, 31, 38, and 69 of the Criminal Offences Act, and the Evidence Act burden-of-proof framework, the court found the accused intentionally and unlawfully caused harm without legal justification and that the prosecution proved the case beyond a reasonable doubt. The court convicted the accused, imposed three years imprisonment in hard labour, and ordered GH6,000 compensation under Act 30 Section 148, emphasizing deterrence of mob justice and due process.