Try asking the following...
Try asking the following...
August 17, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
FACTS:
The accused person was arraigned before this court on 12th September, 2017,
on a charge of causing harm contrary to section 69 of the Criminal Offences
Act, 1960(Act 29).
The brief facts presented by the prosecution are that the complainant, David
Okutu, is the brother of the victim, Joseph Sunday Ocansey, a Technician at
the Ghana Broadcasting Corporation whilst the accused person is a trader and
lives at Abonkor, Tema New Town. The prosecution alleges that the victim
and the accused person were in an amorous relationship and were cohabiting
prior to the instant case. According to the prosecution, the alleged victim
ended the romantic relationship and asked the accused person to pack her belongings out of his room due to a misunderstanding between them.
Consequently, on 7th September, 2017, the accused person spent the night
with a friend and on her return the following morning, at about 4:30am, an
argument ensued between them. Additionally, the prosecution alleges that
during the argument, the accused person took a gallon containing thinner,
poured it on the victim and set him ablaze. The alleged victim of the fire was
rushed to the Tema Port Clinic with the help of co-tenants, where he was on
admission and receiving treatment at time the accused person was arraigned
before the court. The police visited the hospital and the complainant
identified the alleged victim to the police leading to the arrest of accused
person and after investigations, she was charged and arraigned before the
court.
THE PLEA
The accused person pleaded not guilty to the charge after it had been read
and explained to her in the Dangme language. The prosecution assumed the
burden to prove the guilt of the accused person beyond reasonable doubt. To
prove their case, the prosecution called five witnesses and tendered in
evidence Exhibit “A”- Investigation Caution Statement of the accused person,
Exhibit “B”-photograph of the accused person, Exhibit “C”, photograph of a
gallon with the inscription “thinner”, Exhibit “D”, photograph of a mattress,
Exhibit “E”- Police Medical Form, Exhibit “F”, Photograph of the victim in
bandages, Exhibit “F1”- “F2”-Photograph of the victim with burns, Exhibit
“G”- Charge Statement of the accused person.
On the 30th day of May 2022, the court ruled that a prima facie case is
sufficiently made out against the accused person requiring her to open her defence. Accordingly, the accused person opened her def
AI Generated Summary
The Circuit Court, presided over by Her Honour Agnes Opoku‑Barnieh, tried a charge of causing harm under section 69 of the Criminal Offences Act (Act 29) arising from a failed cohabiting relationship between a trader in Abonkor, Tema New Town, and Joseph Sunday Ocansey, a Ghana Broadcasting Corporation technician. The prosecution alleged the accused doused Ocansey with cellulose thinner and set him ablaze on 8 September 2017. Police recovered a thinner container and fire damage; medical staff from Tema General Hospital and Korle Bu treated superficial‑partial thickness chemical burns covering about 15–20% of Ocansey’s body. The accused claimed she lit thinner on the floor only to scare him and extinguished the flame. Applying the elements of section 69 and evidentiary burdens, the court inferred intent from the natural and probable consequences of igniting thinner in an enclosed room, found no legal justification under section 31, and convicted the accused. In pre‑sentencing, the court ordered a pregnancy test under section 313A of Act 30 (negative) and, citing the Bangkok Rules and the Children’s Act, deferred sentencing pending medical and social welfare reports concerning the convict’s newborn.