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JUDGMENT
JUDGMENT
The Accused persons were arraigned before this court on July 07, 2021 for the offences
of Conspiracy to commit crime namely Causing Unlawful Harm and Causing Unlawful
Harm Contrary to Sections 23(1) and 69 of The Criminal and other Offences Act 29,
The accused persons pleaded not guilty to the charges preferred against them for which
reason the prosecution assumed the burden of proof and must prove the charges
against the accused persons beyond reasonable doubt in accordance with
Section 11(2) of the Evidence Act 1975 NRCD 323 states;
“In a criminal action the burden of producing evidence when it is on the prosecution as to any
fact which is essential to guilt requires the prosecution to produce sufficient evidence so that on
all the evidence a reasonable mind will find the existence of the facts beyond reasonable doubt.”Further, Section 13(1) of NRCD 323 provides that the standard of proof is nothing less
than proof beyond reasonable doubt no matter the offence charged.
See the case of AMPABENG VRS REPUBLIC [1977] 2 GLR 171 CA
THE PROSECUTION CASE
The summary of prosecution evidence is that the complainant (PW1) is a farmer and on
22/08/2020 he went to his family land to search for herbs with his son (PW2). Upon
reaching the land they saw a group of gangs numbering about fifteen to twenty holding
cutlasses and sticks together with tape measure and a form of gallon in a polythene bag.
They asked him what he was doing on the land and he told them he is on his family
land so they told him the land belongs to Nana Kotonpo. According to him one guy
slapped his son so he quickly run away leaving his son behind and hid somewhere to
watch the scene. They started beating his son with the sticks and the cutlasses so he
rushed home and told people. The elders told him to report the matter to the police
whilst they also would go to the land. He received a phone call when he was at the
police station that his son was at the hospital. He went to the hospital to look at his
condition and he reported back to the CID. He caused photographs to be taken of his
son and the police also saw a gallon containing patrol when they went on the land.
PW2 repeated PW1 evidence and added that PW1 suggested they return home but the
group started to attack them so his father run away but they got hold of him and started
beating him. He said he fell unconscious and realized that he was at the hospital the
next morning.
PW3 is a prison officer sta