Try asking the following...
Try asking the following...
December 5, 2023
DISTRICT COURT
GHANA
CORAM
The Accused Person herein (Isaac Tettey Fagyi) was arraigned before this Court on 18th
May 2022 for the offence of Assault contrary to Section 84 of the Criminal Offences Act,
1960 (Act 29). The Accused pleaded NOT GUILTY to the charge preferred against him by
Prosecution hence a full trial of this matter begun.
THE CASE OF THE PROSECUTION
The facts as presented by the prosecution is that Victoria Madjie, the Complainant and
the Accused are both farmers and residents of Bomponso No.2 village. On 9/04/2022 at
about 1:00pm, Complainant went in search of her livestock and realised that her pregnant
sheep was missing. Complainant was informed by an informant that it was the Accused
person who had caught the pregnant sheep in question. Later the Complainant met the
Accused person with a kid of hers and inquired from him his reason for catching the kid.
The Accused person replied that he intentionally caught the kid as a ploy to catch the
mother (nanny goat). According to the Accused person, the animals had caused damage
to his farm produce. The complainant then asked the Accused person to calculate the cost
of the damage caused for her to pay but he refused. This led to an exchange of words
between them after which the complainant left the scene. The Accused person then
pursued the Complainant and attacked her and in the process, his cutlass slashed the left
eye brow of the complainant resulting in a deep cut. The complainant lodged a complaint
with the Police and she was issued with a Police medical report form to attend hospital
for treatment and endorsement. On 13/04/22, the Accused person was arrested to assist
investigations. In his Cautioned Statement, the Accused admitted knocking the
Complainant with his fist but denied injuring her with a cutlass. After investigations,
Accused was charged with the offence per the Charge Sheet and put before this
Honourable Court.
The prosecution called two (2) witnesses. PW-1, Victoria Madji, who is the complainant,
testified that the Accused person is her brother in law and they both live in the same area,
however for some time now they have been at loggerheads. That on 9/04/22, she went
looking for her livestock and realised that her pregnant sheep was missing. She was
informed by someone that the Accused person had caught it. That she later met the
Accused person with her young goat and inquired from him the reason for catching the
goat. That the Accused person told her that he intentio
AI Generated Summary
Isaac Tettey Fagyi was tried for assault against Victoria Madjie, his wifes elder sister and neighbor at Bomponso No.2. The prosecution said Madjie confronted Fagyi after learning her pregnant sheep was missing; Fagyi had seized a kid to lure the mother due to crop damage. A verbal dispute escalated; Fagyi pursued Madjie and struck her with a cutlass, causing a deep laceration above her left eyebrow, corroborated by medical evidence and photographs. Fagyi admitted a fist knock but denied using a cutlass, claiming self-defense based on an alleged slap and the complainant wielding a cutlass. The court found the injury consistent with a sharp object, rejected self-defense for lack of proof of prior assault, held the assault unjustified, convicted Fagyi under section 84 of Act 29, and sentenced him to a fine of 30 penalty units or one month imprisonment in default.