The accused person was charged with Causing Harm contrary to section 69 of the Criminal Offences Act, 1960 (ACT 29).
FACTS AS PRESENTED BY PROSECUTION
On 9th June, 2021, between 7:15pm and 8pm, the complainant went to the Nurses and Midwifery Training College and met the accused at post at the main entrance. He sought permission from the accused to allow him enter the campus to pick some students for a meeting but was refused entry. Complainant made a phone call and a female student came from the campus and left with the complainant. Few minutes later, the complainant returned to the campus again to invite another female student who failed to respond to his call. Accused did not take it kindly with the complainant’s action and asked him to leave the premises. Complainant became aggrieved and armed himself with stones and will not leave. The accused person pushed the complainant out and in a struggle hit the complainant’s head with a truncheon and he a sustained deep cut on his scalp. Complainant lodged a complaint to the Police and a medical report form was issued to him to seek medical treatment. He was treated and discharged. Accused was arrested and the truncheon was retrieved. He admitted the offence in his cautioned statement and was subsequently charged with the offence and brought before this Honourable Court.
BURDEN OF PROOF AND STANDARD OF PROOF
Clause 2 (c) Article 19 of the 1992 Constitution states that, “a person charged with a criminal offence shall be presumed to be innocent until he is proven guilty or has pleaded guilty”.
It is therefore incumbent on prosecution to prove the guilt of the accused person since he pleaded not guilty to the charges herein. The burden of proving the guilt of the accused person requires prosecution to produce sufficient evidence so that on all the evidence, a reasonable mind could find the existence of the fact beyond reasonable doubt. This burden only shifts to the defence, when prosecution discharges its burden to satisfy the court that indeed the accused person has committed the crime for which he is charged.
It is also a fundamental principle of criminal law that the accused has no burden to prove anything or his innocence except to raise a reasonable doubt concerning his guilt when he is called upon to enter his defence. When the defence raised by the accused is not reasonably probable, he must be convicted. See section 10(2) (a) of the Evidence Act, 1975 (NRCD 323); COMMISSIONER OF POLICE V ISAAC ANTW
