THE REPUBLIC v. DANIEL ASARE (ALIAS ADADE

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