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JUDGMENT
The accused has been charged with four offences, namely, causing harm, contrary to
section 69 of the Criminal Offences Act, 1960, Act 29 (Count one), Assault on Public
Officer, contrary to section 205 of Act 29 (count two), Assault on Public Officer, contrary
to section 205 of Act 29(count three), Resisting Arrest and Rescue contrary to section 226
(1) (a) of Act 29 (count four) and causing unlawful damage, contrary to section 172 (1) (b)
of Act 29 (count five). The accused having denied the offences, the burden is put on the
prosecution to adduce sufficient admissible evidence to establish the respective
ingredients of each of the offences. The guilt of the accused in respect of each of the
offences must be proved beyond reasonable doubt; see Miller Vrs. Minister of Pensions
[1942] 2 All ER per the well-known Lord Denning. Also, see sections 11 (2) and 13 (1) of
the Evidence Act, 1975 (Act 323). The accused for his part only has to introduce evidence
which creates a reasonable doubt in the mind of the court regarding the prosecution’s
case.
The facts of the case as attached to the charge sheet are as follows:
“Complainants Julliana Ahuron No. 42868 G/Sgt. Anthony Asare and No. 56347 G/Const.
Emmanuel Sekyere are hairdresser and reside at Chapel Square, Bogoso and Policemen
at Wassa Akropong respectively. Accused Person Sampson Lamusa, age 31 is spiritualist
and resides at Kumasi. On 09/06/2022 at 11.50 hrs, the complainant ran to Police station
on bare footed, panting and look desperately. She reported that about two months ago,
she met the accused person at Bogoso and he introduced himself as Spiritualist ready to
help her out of spiritual problems in her job. They exchanged contact numbers and the
accused person invited her to Salikus Hotel, Wassa Akropong to enable him to pray for
her but on her arrival at the hotel, the accused person made sexual advance towards her
and when she protested, the accused person threatened to harm her. She managed to
escape from the accused person and left her pair of slipper and handkerchief.
Upon the receipt of the complain, No. 42868 G/Sgt. Anthony Asare incharge No. 56347
G/Const. Emmanuel Sekyere accompanied the complainant to the above mentioned hotel
and met the accused person in front of room number D4. Police told and explained to
him that, his attention is needed but he fiercely attacked the police men, resisted lawful
arrested and assaulted them. He torn No. 42868 G/Sgt. Anthony A