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JUDGMENT
JUDGMENT
Section 69 of the Criminal Offences Act, 1960(Act 29) states:
Whoever intentionally and unlawfully causes harm to any person shall be guilty of second
degree felony.2
The police charged the second Accused person(A2) herein under the above law and
arraigned him before this court together with the first Accused person(A1). For the first
Accused, the charge he is facing is that he and three others namely third, fourth and fifth
Accused persons abetted A2 to cause harm to the victim herein.
Section 20 of Act 29 states:
(1) Every person who, directly or indirectly, instigates, commands, counsels, procures, solicits,
or in any manner purposely aids, facilitates, encourages, or promotes, whether by his act or
presence or otherwise, and every person who does any act for the purpose of aiding, facilitating,
encouraging or promoting the commission of a crime by any other person, whether known or
unknown, certain or uncertain, is guilty of abetting that crime, and of abetting the other person
in respect of that crime.
(2) Every person who abets a crime shall, if the crime is actually committed in pursuance or
during the continuance of the abetment, be deemed guilty of that crime.
There must be the basis for charging accused persons. The basis must be expressed in words
to let the court and an accused person know what culminated in this criminal case before the
court. The police expressed themselves in the following words as in the facts upon which
they charged Accused persons:
“Victim Innusah[sic] Adamu is a Private security guard at a small scale mining site at
Denkyira Akwaboso near Diaso, whilst A1, Kofi Asante @ Molley, aged 25 is a welder,
A2, Samuel Ampaabeng Kyeremeh @ Boosu, aged 27 is a trader, A3, Kwabena Ateete
(at large), A4 Keche @ Pozo (at large) and A5. Atongo (at large) all residents of
Denkyira- Akwaboso near Diaso. On 27/05/2021 at about 11:00pm whilst the victim
was at his post taking charge of their small scale mining equipment in the house at
Denkyira Akwaboso near Diaso, he sighted a group of young men who are errand
boys of A3, including A1 violently attacking an old man from A3’s drinking bar3
towards his duty post. The victim upon seeing the reactions of A1 and his group,
rescued the old man and inquired from the group why the attack. Nobody was able to
explain the reason of the attack to the victim. Due to that victim asked A1 and his
group to go and invite A3 to come for them to sort things out ami