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JUDGMENT
JUDGMENT
Threat of death is a term given to a crime provided for in section 75 of Criminal Offences Act,
1960(Act 29).
“Whoever threatens any other person with death, with intent to put that person in fear of death,
is guilty of a second degree felony.”
is the statement of that law as in Act 29.2
In the case Behome v The Republic [1979] GLR 112 @ 123, Osei Hwere J(as he then was)
expatiated on the said provision of the law, to wit:
“In the offence of threat of death the actus reus will consist in the expectation of death which the
offender creates in the mind of the person he threatens whilst the mens rea will also consist in
the realisation by the offender that his threats will produce that expectation.”
Accused person was charged with the above-mentioned offence for the accusation that he
threatened the complainant herein with a cutlass with intent to put the complainant in fear of
death. According to the prosecution, the incident occurred on 26th May 2021 at about 12:30pm
in a town called Modaso.
The first person who testified in this case will be called PW1 in this judgment; that person is
the complainant herein. The police officer who investigated this case testified as the other
prosecution witness; he will be called PW2.
According to PW1, owing to an issue over a certain motorbike, Accused got offended and
went to PW1’s house. There, Accused slashed PW1’s left arm with a cutlass making PW1
sustain a deep cut. PW1 bled profusely. PW1 was rushed to the hospital. Accused then
attempted to flee with the said motorbike but some town folks arrested Accused and took the
motorbike from him. PW1, however, did not report Accused to the police about the injury he
sustained. On 26th May 2021, at about 12:30pm, Accused accosted PW1 with a cutlass and told
PW1: “I will kill you, you made people attack me at Chirano”. PW1 sought the intervention
Accused person’s father to avert the situation but Accused’s father could not control the
situation. Information got to the Assemblyman of the area about the matter. The
Assemblyman invited Accused and Complainant. Complainant went to the Assemblyman’s
house and met Accused already there. Accused then said to Complainant: “I will kill you and3
go on exile at[sic] Nigeria”. Accused reiterated that Complainant asked people to attack
him(Accused) and beat him at Chirano. The Assemblyman tried to calm down the nerves of
Accused but Accused did mind the Assemblyman. The Assemblyman then inform