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June 8, 2023
DISTRICT COURT
GHANA
CORAM
J U D G E M E N T
Accused was charged with two counts of Assault under section 84 of the Criminal
Offences Act, 1960 (Act 29) and pleaded not guilty respectively to the offenses, for
which reason the prosecution assumed the burden of proof and must prove beyond
reasonable doubt the charges against the accused person.
In the case of ASARE v. THE REPUBLIC (1978) GLR 193 – 199 the court in holding
(2) held:
“(2) As a general rule, there was no burden on the accused to establish his
innocence rather it was the prosecution that was required to prove the guilt
of the accused beyond all reasonable doubt.”
See also Section 11(2) of the Evidence Act, 1975 (NRCD 323).
I will deal with the two counts of Assault together.
Section 84 of the Criminal Offenses Act 29/60 states:
“A person who unlawfully assaults another person commits a
misdemeanour.”
From the facts of the case as given by the prosecution, the charge of assault
against the accused is that of assault and battery. See Section 85 (1a) of the
Criminal Offenses Act 29, (1960).
Section 86 (1) of Act 29/60 defines assault and battery thus:
“A person makes an assault and battery on another person, if without the
other person’s consent, and with the intention of causing harm, pain, or fear,
or annoyance to the other person, or of exciting the other person to anger,
that person forcibly touches the other person.
To constitute assault and battery, it is sufficient if the prosecution proves that without
the consent of the other person, and with the intention of causing harm, pain, or fear or annoyance to the other person or exciting him to anger the accused forcibly touched
him or caused any person, animal or matter to forcibly touch him.
See Criminal Law in Ghana, p265 and section 87 (2)(b) of Act 29/60.
Consequently, in order to ground a conviction, the prosecution would have to prove
beyond reasonable doubt that:
1. The accused forcibly touched the complainant.
2. The touch was without the consent of the complainant.
3. That the touch or assault was intentional.
4. The touch or assault was unlawful.
Lane LCJ quoted in the case of Faulkner v. Tolbot (1981) 3 All ER 440 CA:
“An assault is an intentional touching of another person without the
consent of that person and without lawful excuse. It need not
necessarily be hostile, or rude, or aggressive, as some of the cases seem
to indicate.”
From the evidence on the record, also noting the endorsements of the medical reports
i
AI Generated Summary
HER WORSHIP AWO AMISSAH FRENCH ESQ, sitting as District Magistrate at Nkroful, convicted an accused on two counts of assault under section 84 of the Criminal Offences Act, 1960 (Act 29). The court outlined the statutory elements of assault and battery under sections 85 and 86 and emphasized that the prosecution bears the burden of proof beyond a reasonable doubt, citing Asare v. The Republic and section 11(2) of the Evidence Act, 1975. The evidence showed the accused flashed a light into the complainant’s granddaughter’s face, causing her to lose balance; when she questioned him, he assaulted her, and later assaulted the grandmother who approached to inquire. Medical reports (Exhibits A and B) corroborated injuries. Finding no justification under section 31 and deeming the reaction excessive, the court held the assaults unlawful and intentional. The accused was fined 100 penalty units per count, with consecutive sentences in default and ordered to pay One Thousand Ghana Cedis compensation.