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RULING
RULING ON WHETHER A PRIMA FACIE CASE HAS BEEN MADE BY
THE PROSECUTION
Background:
The Accused Person was charged with the following counts;
1. Stealing: Contrary to Section 124(1) of the Criminal and Other
Offences Act, 1960 (Act 29).
2. Threat of Harm: Contrary to Section 74 of the Criminal and Other
Offences Act, 1960 (Act 29).
The facts of the matter as incorporated from the Charge Sheet is that on the 3rd
of May 2023 at about 10.30 hours, the Accused Person engaged the services of
the Complainant from Mallam Junction to Cable and Wireless. Upon reaching
his destination, the Accused Person requested for the Complainant’s Spark ‘8’
Mobile Phone to make a call to inform the person who would pay for the transportation. The complainant obliged but when he finished making the
call, the Accused Person failed to return the said phone and when the
complainant demanded for it, he pulled a knife on the Complainant, alighted
from the taxi cab and absconded with the mobile phone despite the alarm
raised by the complainant. On the 16th of May, 2023, the Accused Person
resurfaced and was arrested of which he gave his Caution Statement to the
Police where he denied the offence although witnesses who spotted the
Accused Person escaping confirmed the crime. After investigations, the
Accused Person was charged with the offences and arraigned before the
court.
The Plea
On the 22nd day of May 2023, the Accused Person pleaded not guilty to the
offence after same was read and explained to him in the Twi Language. The
Prosecution assumed the burden to prove the guilt of the Accused Person
beyond reasonable doubt. To prove their case, the Prosecution called Two (2)
Witnesses and tendered in evidence the following;
Exhibit “A” - Statement of the Complainant to the Police;
Exhibit “B”- Charge Statement of the Accused Person’;
Exhibit “B1”- Further Charge Statement of the Accused person.
At the close of the case of the Prosecution, the Court has to determine whether
the Prosecution has established a prima facie case against the Accused Person to
require him to open his defence.
Determination
Article 19(2) (c) of the Constitution 1992 provides that ‘a person charged with a
criminal offence shall be presumed innocent until he is proved or has pleaded guilty’.
Apart from strict liability offences, the general rule is that, throughout a criminal trial, the burden of proving the guilt of the accused person remains on
the Prosecution. (See Asante