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JUDGMENT
JUDGMENT
The accused person herein was arraigned before this court charged with the offence of
Causing Unlawful Harm contrary to section 69 of the Criminal and other Offences Act,
1960 (Act 29). He pleaded not guilty after the charge had been read out and explained to
him.
BRIEF FACTS OF THE CASE
Complainant Sarah Fosua is a Trader whilst Accused is undergoing apprenticeship in
metal fabrication. Both complainant and accused are residents of Drobo. Complainant fry
eggs near a drinking spot at Drobo residency junction and sell same to the public. On
21/12/2021 about 10:30pm while the Complainant was at her usual place running her
business, accused went to the place to buy fried eggs and he was served. Complainant
demanded her money; GH₵3.00 from accused being the cost of the fried eggs but accused refused to pay and stated that he had already paid for the eggs. This brought exchange
of words between them and in the process, Complainant collected the fried eggs from the
accused with the remark that accused should pay before she handover eggs to him.
Accused was not pleased with the conduct of the Complainant, and he left the place and
went to the drinking bar with anger. Accused came back to the place angrily and attacked
the complainant and used broken glass to harm her at various parts of the Complainant’s
body. Complainant was bleeding profusely, and she was rushed to St. Mary’s Hospital
for treatment and was admitted and later discharged. On 22/12/2021 at 9:00am,
Complainant came to Drobo Police Station and lodged a Complaint and police medical
form was issued to her for endorsement and she returned same. Accused was later
arrested and in his cautioned statement admitted the offence and after police
investigation, accused is charged with the offence on the charge sheet before this
Honourable Court.
The general principle of law in every criminal case as stated in the case of Asare Vrs. The
Republic [1978] GLR 193-199, per Annin J.A. (as he then was) is that: “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”.
Section 69 of Act 29 provides as follows; A person who intentionally and unlawfully
causes harm to any other person commits a second-degree felony.
By this provision, the elements of the offence which Prosecution ought to prove are as
follows;
a. That harm has been caused.
b. The harm was cause