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JUDGMENT
JUDGEMENT
INTRODUCTION
The Accused persons were arraigned before the Court on 24th August 2022 charged with two
counts:
a) Conspiracy to commit a crime to wit assault: contrary to section 23(1) of the Criminal
Offences Act 1960 (Act 29) and
b) Assault: contrary to section 84 of the Criminal Offence Act 1960 (Act 29).
PLEA OF THE ACCUSED PERSONS
The charges against each accused person as stated in the charge sheet were read to them
individually in the Mampruli language, the language of their choice and they all appeared to
understand the same. Thereafter, A1, A2 and A5 pleaded Guilty, and they were accordingly
convicted on the two counts and duly sentenced. A3 and A4 however pleaded Not Guilty to the
charges against them.
BURDEN OF PROOF:
Considering that A3 and A4 pleaded not guilty to the charges against them, the burden of proof is
therefore on the prosecution to prove their guilt. The burden of proof and how it can be discharged
by the prosecution to secure a conviction of the Accused persons is elaborated below.
Article 19(1) and (2) (c) of the 1992 Constitution of the Republic of Ghana stipulates that:
19. Fair Trial
“1. A person charged with a criminal offence shall be given a fair hearing within a reasonable time
by a court.
2. A person charged with a criminal offence shall
c. be presumed to be innocent until he is proved or has pleaded guilty;”
Sections 11(1) (2) and (3), 13(1) and (2) and 15 (1) of the Evidence Act, 1975 (N.R.C.D. 323) have
well settled the evidential and the persuasive burden that the law casts on Prosecution in a criminal
matter. It provides as follows:
Burden of producing evidence
11. (1) For the purposes of this Act, the burden of producing evidence means the obligation of a
party to introduce sufficient evidence to avoid a ruling on the issue against that party.
(2) In a criminal action, the burden of producing evidence, when it is on the prosecution as to
a fact which is essential to guilt, requires the prosecution to produce sufficient evidence
so that on the totality of the evidence a reasonable mind could find the existence of the
fact beyond a reasonable doubt.
Proof of a crime
13. (1) In a civil or criminal action, the burden of persuasion as to the commission by a party
of a crime which is directly in issue requires proof beyond a reasonable doubt.
(2) Except as provided in section 15 (c), in a criminal action, the burden of persuasion, when
it is on the accused as to a fact the