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July 26, 2023
CIRCUIT COURT
GHANA
CORAM
J U D G M E N T
Accused was charged with the offence of causing harm contrary to section 69 of Act 29/60
and arraigned before this Court. Accused pleaded not guilty to the offence as charged.
For accused person pleading not guilty to the offense, the prosecution has taken upon
herself the duty of adducing credible evidence to proof all elements of the offence charged
beyond reasonable doubt in order to secure her conviction. Sections 11(2) and 13(1) of
Evidence Act 1975 (NRCD 323) referred. It was held in YEBOAH AND OTHERS VRS THE
REPUBLIC (CONSOLIDATED) [1975] 2 GLR 281-293 that the guilt of the accused must be
proven with degree of certainty required by law. The accused has no burden on him to
prove his innocence. It is the prosecution which must prove the guilt of the accused.
The summary of the facts of the prosecution in this case are that the victim Esinam Bansah
age 34 is a tenant in the same house with the accused Gifty Foe age 32 at Wusuta Quarters.
The victim and the accused were not on talking term for some time as accused was always
gossiping about her to her rival. However on the 26/4/2022 at about 3:00 pm, the victim was
in front of her room washing some bowls to prepare super when accused arrived from town
and started insulting the victim that her father defecated in the car when he was sick and
was being conveyed to the hospital and that the victim is also a thief. The victim responded
to the insult and said accused should let her have peace of mind as people put up storey
building and rent it out to others to stay in. Lo and behold accused went for a sharp cutlass
farm her room to slash the victim. However, Peace Bampo, a witness in this case prevented
accused and told her to put the cutlass down. Suddenly accused who pretended going to
put the cutlass down rushed on the victim to batcher the head but victim used her hands to
block the head and in the process sustained multiple deep cutlass wounds on both arms.
Accused there after bolted but was later arrested to the police station while the victim was
rushed to Anfoega Catholic Hospital and was admitted and undergoing treatment.
Accused has therefore been charged with the offence.
PROSECUTION’S EVIDENCE
Simon Templa PW1 of Wusuta Dzigbe gave evidence on oath that on 26/4/22 at about 5:30
pm he was at a foot ball park and had a phone call from one Herman. He said accused
inflicted cutlass wounds on the victim and bolted to Wusuta Ayirebasi. He rushed to the
AI Generated Summary
Gifty Foe, a tenant at Wusuta Quarters, was charged in the Circuit Court with causing harm contrary to section 69 of Ghana’s Criminal Code (Act 29/60), after an altercation with fellow tenant Esinam Bansah led to deep lacerations on Bansah’s forearm, palm, and thumb. The prosecution presented testimony from Peace Bampo (PW2), Simon Templa (PW1), the investigator D/Inspector Joseph Agbewu (PW3), and the victim (PW4), supported by a medical form endorsed by Dr. Loglo and photographs of the injuries. The court analyzed the burden of proof under the Evidence Act and the elements of unlawful harm, then examined contradictions in PW2’s account alongside the accused’s self‑defence narrative. Applying sections 30, 31(f), 37, and 32 of Act 29/60 and authorities including Nartey, Yeboah, Bodua alias Kwata, and State v Ampomah, the court found the harm was caused in reasonable self‑defence and acquitted Gifty Foe.