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April 20, 2023
DISTRICT COURT
GHANA
CORAM
JUDGMENT
The Accused Person herein was arraigned before this Court charged with the offence
of Assault contrary to Section 84 of the Criminal and Other Offences Act, 1960 (Act 29).
She pleaded not guilty after the charge had been read out and explained to her.
In the Republic v. Adu-Boahen & Another [1993-94] 2 GLR 324-342, per Kpegah JSC,
the Supreme Court held that:
“A plea of not guilty is a general denial of the charge by an accused which makes it imperative
that the prosecution proves its case against an Accused Person ……….. When a plea of not
guilty is voluntarily entered by an accused or is entered for him by the trial Court, the
prosecution assumes the burden to prove, by admissible and credible evidence, every ingredient
of the offence beyond reasonable doubt”.
THE CASE OF THE PROSECUTION
It is Prosecution’s case that on the 10th April 2020, the Accused assaulted and verbally
abused the Complainant following a confrontation that ensued between the
Complainant and one Alex Awarube, who happens to be the husband of both the
Accused and the Complainant. The Complainant, who sustained injuries, reported the
matter to the Police following which the Accused was arrested and charged with the
Offence stated supra after Accused admitted to the offence in her caution statement.
PW 1
PW 1, the Complainant in this case, averred that, the Accused assaulted, bit her finger
and threatened to kill her after the Accused joined in an argument between the
Complainant and their husband.
PW 2
PW 2 explained that, PW 1 and her husband exchanged words on the 10th February,
2020 following which the Accused joined in and assaulted PW 1 leading to the arrest
of the Accused after the matter was reported to the Police.
PW 3
PW 3, the Investor, stated that on the 10th of February, 2020, the matter was reported
to the Police and the Complainant was issued with a Police medical form to attend
hospital for treatment. PW 3 added that, the medical report endorsed was exhibited
along with the necessary statements following which the Accused was charged with
the offence and arraigned before Court.
THE CASE OF THE DEFENCE
The Accused opened her defence by stating that, she and the Complainant are married
to the same man. The Accused continued that, the Complainant had been accusing
and insulting her for stealing her soap and this led the Accused to beat the
Complainant. The Accused added that, on the 12th of February, 2020, the Police
arrested h
AI Generated Summary
Her Worship Sarah Nyarkoa Nkansah, sitting at the District Magistrate Court at N.A.M.A. Nsawam on 27 April 2023, tried and convicted Hannah Awarube for assault under the Criminal and Other Offences Act, 1960 (Act 29). The incident arose from a domestic dispute involving Hannah and the Complainant, who are both married to Alex Awarube. The prosecution presented PW1, PW2, and PW3, and tendered a medical form. Although Hannah pleaded not guilty, she admitted in her cautioned statement (Exhibit B) and in an unsworn dock statement that she beat the Complainant. The court set out the statutory definition of assault and considered the defence of provocation under Section 39, ultimately concluding that the confession was voluntary and sufficient and that the accused failed to prove provocation or tip the evidentiary scale under the Evidence Act. The court convicted her and later imposed a fine of 50 penalty units (or 90 days in default) and GH500 compensation to the Complainant.