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June 19, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
On 12th December, 2023 the accused was arraigned before this honourable Court on a
charge of threat of death contrary to section 75 of the Criminal Offences Act, 1960 (Act
29). The particulars of the charge are that on 7th December, 2022 the accused threatened
the complainant with death. Incidentally, the complainant is married to the ex-wife of
the accused. the accused pleaded guilty and after the pre-trial protocols, a trial was
conducted culminating in this judgment.
During the trial, the case of the prosecution was put forward by three witnesses. PW1
(the complainant) testified that on that fateful day, he had paid his wife’s workers a
visit at the workplace. He also called his wife on phone. It was in the process of calling
his wife that the accused approached him and inquired whether he was the one who
had married his wife. PW1 responded in the affirmative. This sparked an exchange of
words. PW1 told the Court that he detected the desire of the accused to fight him. PW1
retreated from the scene but was followed by the accused who pushed him while
arguing with him. PW1 conceded that he also pushed back the accused. One bystander
attempted to restrain the accused. that was when the accused declared that he had
“meant” him and when he gets he will kill him in the presence of the bystander.2
This bystander mounted the witness stand as PW2. He purported to have witnessed the
whole incident unfold before his very eyes. The thrust of his testimony was that he had
an information center where people advertise their products such as herbal medicine.
Apparently, the complainant’s medicine was being peddled at this information centre.
While at the information center, he overheard the accused talking to the lady who was
selling the complainant’s medicine. PW2 said he drew closer to them and introduced
himself to the accused as the owner of the information center. The accused then asked
him who gave him the jingle to play at the information center. PW2 led the accused to
the PW1 and left the two men. A minute later, he heard them engaged in a heated
argument and suspected an impending fight. He rushed out to separate them and
returned to his information center to switch of his system since there was a power
outage. That was when he overheard the accused tell PW1 that he will kill him.
PW3, the investigator disclosed that his investigations confirmed that the accused
threatened to kill PW1 over the airing of a particular jingl
AI Generated Summary
In a criminal trial before the Circuit Court, Her Honour Gloria N.B. Laryea adjudicated a charge of threat of death under section 75 of the Criminal Offences Act, 1960 (Act 29). The complainant (PW1), married to the accused’s ex-wife, encountered the accused at an information center where herbal medicine jingles were played. After a heated exchange and physical pushing, PW2, the center’s owner, overheard the accused tell PW1 he would kill him. PW3’s investigation corroborated the threat, which the accused denied, insisting he only confronted PW1 over the use of his jingle and that his marriage was not yet dissolved. Applying section 75 and guidance from BEHOME v. THE REPUBLIC [1979] GLR 112-128, the court found both actus reus and mens rea satisfied, relying on PW2’s credibility and PW1’s fear evidenced by his police report. The accused was convicted and fined 60 penalty units, with nine months’ imprisonment in default.