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July 19, 2023
CIRCUIT COURT
GHANA
CORAM
J U D G M E N T
Accused person was brought to this court on the offence of causing harm contrary to
section 69 of Criminal Offences Act, Act 29 of 1960 to which he pleaded not guilty.
The facts of this case are that accused person who is a mason lives in the same house with
the two complainants who are siblings and are cousins to accused at Aloyi. Prior to this
incident accused person and the complainants were not on talking terms due to internal
issues over a family building plot. Accused person has been bathing his step son on the
door steps of 1st complainant and will not stop doing so even though he was warned
severally by 1st complainant. On the 9/8/2021 at about 6:45 pm the 1st complainant returned
from work and met the accused bathing the child at the same spot again and he took the
bucket of water and dropped it in front of accused door. Accused brought it back and
continued bathing the child. The 1st complainant went for the bucket of water the second time and accused held on to the bucket and a struggled ensued between them which led
to a fight. The 2nd complainant who was in his room heard the noise and came out to
separate them but accused attacked him too and they engaged in a fierce fight. That
attracted neighbours who came to separate them. Accused afterwards went into his room
and brought out a mattock which he used to fix bamboo fence around the house and
attacked 1st complainant as he hit his head with the tool. He also sustained laceration on
his left thumb as he held the mattock and accused pulled it. Accused proceeded to the 2nd
complainant who had then also armed himself with a long knife. The second complainant
held the sharp edge of the mattock and accused pulled it with force and it cuts the left
palm and the forehead of the 2nd complainant. The accused, 1st and 2nd complainants
simultaneously reported the case to the police and were all issued with police medical
form to attend hospital and they returned with them endorsed. They were all charged
with the various offences but 1st and 2nd complainants pleaded guilty to their charges and
were convicted earlier.
As accused person pleaded not guilty to the offence, the prosecution them assumed the
onus of adducing credible evidence at the hearing to establish the guilt of the accused
beyond reasonable doubt over the elements of the offence as required under sections 11(2)
and 13(1) of the Evidence Act 1975 (NRCD 323). It was held in GLIGAH AND ATISO VRS
THE
AI Generated Summary
At the Kpando Circuit Court, His Honour Francis Asong Obuajo adjudicated a family dispute turned criminal altercation among cousins residing in the same compound at Aloyi. Prosper Elorm Tachie and Bright Tachie had repeatedly objected to the accused bathing his stepson at the entrance of Prospers apartment. On 9 August 2021, a confrontation escalated into a fight. After neighbors separated them, the judge found the accused retrieved an earth chisel/mattock and intentionally struck Prosper and Bright, causing lacerations that required suturing, while the accused sustained only minor abrasions. The prosecution called Prosper, Bright, and D/Insp. Ramsden Daanaah; medical reports by Dr. Tetteh corroborated the complainants injuries. Applying Act 29 sections 69, 76, 1, and 38(2), and evidentiary standards under NRCD 323 and the presumption in article 19(2)(c), with case law including Brobbey and Gligah & Atiso, the court held the essential elements of causing unlawful harm proved beyond reasonable doubt, convicted the accused, and imposed a 30-day custodial sentence under section 296(4) of Act 30/60.