THE REPUBLIC VS KOFI ESSOUN

The accused in question has been charged with Offensive Conduct Conducive to the Breach of the Peace, contrary to section 23 of the Criminal Offenses Act 1960, (Act 29).

The prosecution's case is that the accused person who was stated as an initiator of the woes of the complainant had reported a case of trespass before the chief of Krofu. Unfortunately, the complainant was dissatisfied with the outcome of the resolution. The accused though the initiator of the whole situation went ahead and rained abusive words on the complainant namely: “your brain is damaged”. Upon a report by the complainant, and after investigations the accused person was charged with the offense.

The accused person, however, pleaded not guilty to the charge slapped against him.

The question that arises is whether this utterance “your brain is damaged” by the accused person satisfies the ingredients of the charge of offensive conduct conducive to the breach of the peace.

Under the general principles of criminal law, the prosecution must establish all the elements of the offense charged to ground a conviction against the accused person.

It is provided by Section 207 of Act 29 that:

“Any person who in any public place or at any public meeting uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace is likely to be occasioned, shall be guilty of a misdemeanor."

From the above, the ingredients of the offense can be distilled. These ingredients which must of a need be proved by the prosecution in an offence of offensive conduct conducive to the breach of the peace are as follows:

1. It must be committed only in a public place or at a public meeting see Gaba vrs. The Republic [1984-86] 1 GLR 694;

2. The accused must have used threatening or abusive or insulting words or behaviour at such a public place or meeting; and

3. The accused must have used such words or behaviour with the intent to provoke a breach of the peace or in the alternative the words must be likely to conduct a breach of the peace See Asante vrs. The Republic 1972 2 GLR 177.

The duty of the trial magistrate is to look at the evidence adduced and to decide if it supports the charge laid. In other words, have all the ingredients of the offense been met by the evidence of the prosecution?

Firstly, we are reminded of the fact that the act contemplated under section 207 of Act 29 must be engaged in a public place or a public meeting. T