GH - THE REPUBLIC v. KWAKU AMOAKO @ BOSS

JUDGMENT

The police executing their mandate under the law gathered the following facts:

“The complainant… is a trader and resident of Ayanfuri. Accused… is a driver and

also resides at Ayanfuri. On 29th day of October, 2022 the complainant needed a drink

to refresh his body so that about 0030 hours the complainant went to a provision store

at Kyeremekrom which is a suburb of Ayanfuri to buy a bottle of Lucozade. While2

buying the drink the accused person also came to the store but from behind the

complainant and hit the back of the complainant with his hand. The complainant

turned to see who had hit him from behind, and he saw that it was the accused person.

Before the complainant could say a word, the accused person drew a cutlass which had

been concealed in his trousers, the accused person slashed the left arm of the

complainant and he ran away. The accused person went into hiding since 29th day of

October, 2022 until 4th day of November, 2022 when Assistant Superintendent of Police

ASP/Mr. Ernest Agyekum, the District Police commander of Diaso acting on

intelligence led four Police men to the hideout of the accused person and arrested him.

Police conducted a search in the room of the accused at Ayanfuri and a cutlass stained

with blood which the accused used to slash the complainant, two keypad mobile

phones and a rubber pistol were retrieved. During investigation the accused person

made a confession statement that he used the cutlass to slash the left arm of the

complainant because the complainant claimed he had spiritual charms which protect

him...”

Based on the above facts was Accused arraigned before this court, charged as follows:

COUNT ONE

STATEMENT OF OFFENCE

CARRYING OFFENSIVE WEAPON CONTRARY TO SECTION 206(1) OF ACT

29/60[sic]

PARTICULARS OF OFFENCE

KWAKU AMOAKO @ BOSS [AGED] 26 YEARS, DRIVER: For that you on 29/10/2022

at about 11:00pm at Ayanfuri in the Central Circuit and within the jurisdiction of this

court, without lawful authority had in your possession an offensive weapon to wit;

cutlass.3

COUNT TWO

STATEMENT OF OFFENCE

CAUSING HARM CONTRARY TO SECTION 69 OF ACT 29/60[sic]

PARTICULARS OF OFFENCE

KWAKU AMOAKO @ BOSS [AGED] 26 YEARS, DRIVER: For that you on 29/10/2022

at about 11:00pm at Ayanfuri in the Central Circuit and within the jurisdiction of this

court caused harm to [one] Douglas Owusu.

Section 206(1) of Act 29 states:

Any person who, without lawful authority the proof where, of sh