THE REPUBLIC v. ERIC AHEDOR

JUDGEMENT DELIVERED ON 5/5/2023

The charges brought against the accused person are;

1. Riding Unregistered motor cycle contrary to section 41(1), Act 683 as amended by

Act 761

2. Careless and Inconsiderate cycling, contrary to Section 31, Act 683 as amended by

Act 761

3. Negligently Causing Harm contrary to Section 72 of Act 1960 (Act 29)

4. Riding without license contrary to Section 53(1) of Act 683 as amended by Act 761

5. Riding Uninsured Motor cycle, contrary to Section 1(2) motor vehicle (3rd party

insurance) Act 1958 (No. 42)

6. Riding without Road Use Certificate contrary to Regulation 7(1)(a) RTR, 2012(L.T.

2180)PROSECUTOR: CHIEF INSPECTOR RANSFORD KWATEI

PLEA: Accused pleaded guilty on all other counts except on count 2 and 3

BY COURT: The Circuit Court since handed down punishment to the accused on the

counts 1,2,4,5 and 6 since he pleaded guilty on all.

BRIEF FACTS: The police investigator alleged that the accused who was riding an

unregistered Haojue motor bike with a pillion rider on board from Anyanui to

Dzita knocked down the victim Zoiku Etse aged 58 at a section of the road called DzitaAgbledomi. The investigator’s averment is that the accused failed to exercise due care

and attention hence the accident. It is further alleged that the late victim emerged behind

a vehicle, crossing the road hence the accident. It is also averred that the rider together

with the late victim sustained multiple injuries and were rushed to the Keta Municipal

Hospital for treatment where the victim Zoiku Etse died. It is alleged that the pillion rider

on board also sustained a minor injury but was since treated and discharged. Dr. Anim

Emmanuel who conducted the post mortem examination on the deceased gave the cause

of death as a Hemorrhagic shock, open Tibia and Fibula fracture and head injury

secondary to Road Traffic Accident. The accused is alleged to have failed to provide the

following materials;

1. Riding license.

2. Insurance certificate and

3. Road user certificate.

Duplicate docket was forwarded to Attorney General’s office upon completion of

investigation for advice hence the charges levied against the accused person.PROOF: The proof is on the prosecution to establish the charges beyond reasonable doubt

against the accused person

ELEMENTS OF CARELESS INCONSIDERATE CYCLING

a. Person rides a cycle on the road

b. Without due diligence, care and attention

c. Without reasonable consideration

d. The accused caus