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JUDGMENT
JUDGMENT
Both Accused Persons herein were arraigned before this Court charged with the offences
of conspiracy to commit crime to wit assault, and assault contrary to contrary to sections
23(1) and 84 of the Criminal Offences Act, 1960 (Act 29). 2
nd Accused Person alone was in
addition to the charges above, charged with stealing contrary to section 124(1) of the
Criminal and Other Offences Act, 1960 (Act 29). The accused persons pleaded not guilty
after the charges had been read out and explained to them.
nd Accused Person later changed his plea in counts one, three and four to Guilty on
29/10/2022. 2nd Accused Person was accordingly convicted and sentenced on those counts.
He however maintained his plea of not guilty on count Four. Both accused persons were
tried on the outstanding respective counts.
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 the case of the Prosecution that on 9th April, 2020 at about 5:30 pm, Complainant
Akotey Francis was at home when 1
st Accused Person came to him and accused him of
killing his fowl with a trap set up by the Complainant in his farm at the outskirts of the
Community they live in. That at about 11:30 pm on that same day, Complainants were
at home when 1st Accused Person and three others including 2nd Accused Person arrived
all wielding sticks and without any provocation, pounced on them and assaulted them
mercilessly. Prosecution averred that, 1
st Accused Person hit the head of Complainant
Akosua Atitso with the stick he was wielding whiles 2nd Accused Person and one other
called Yaw currently on the run assaulted Complainant Francis Akotey. In the process of
the attack, Complainant Akosua Atitso collapsed. Both Complainants sustained injuries
and were rushed to the Government Hospital, Adeiso and Complainant Francis Akotey
was treated and discharged. Complainant Akosua Atitso was referred to the Korle-Bu
Teaching Hospital, Accra where she was on admission for three (3) days and la