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JUDGMENT
INTRODUCTION
The Juvenile herein was charged with the Offence of Causing Harm: Contrary
to Section 69 of the Criminal Offences Act, 1960 (Act 29).
The Particulars of Offence are that on the 2nd of July, 2022 at about 2.00pm at
Ngleshie Amanfrom in the Greater Accra Circuit and within the jurisdiction of this court, the Juvenile poured acid on Lawrencia Ayim causing severe burns
on her body and face.
The Brief Facts of the matter as incorporated from the Charge Sheet are that the
Juvenile lives with the Complainant and the Victim who are a couple where she
works as a house help. The facts states further that the Juvenile claimed she has
been doing all the household chores without any assistance from the victim and
to add up, the victim keeps insulting her. On the 2nd of July 2022 at about
2.00pm, whilst the victim was fast asleep, the Juvenile went and took acid
which was kept in the kitchen and poured same on victim’s body and face
causing severe burns, and when the victim started crying for help, the Juvenile
run out of the room living her to her fate. The victim was then attended to by
other tenants and was rushed to the hospital for treatment. The Juvenile was
subsequently arrested and after investigations was charged and arraigned
before Court.
DETERMINATION
It must be stated that Article 19(2) (c) provides that ‘a person charged with a
criminal offence shall be presumed innocent until he is proved or has pleaded guilty’.
Apart from strict liability offences, the general rule is that, throughout a
criminal trial, the burden of proving the guilt of the accused person remains on
the Prosecution. (See Asante vs. The Republic (1972) 2 GLR 177. An accused is
generally not required by law to prove anything, he is only to raise reasonable
doubt in the mind of the court as to the commission of the offence to secure an
acquittal. (See COP vs Antwi (1961) GLR 408 SC; Bruce Konua vs The
Republic (1967) GLR 611). It is also settled law that the accused’s story needs
not be truthful but must only be reasonably probable to raise doubt and secure acquittal. (See Amartey vs The State (1964) GLR 256 SC; Darko vs The
Republic (1968) GLR 203.
In criminal cases, it is not enough for the Prosecution to prove that a crime has
been committed. The Prosecution must lead sufficient evidence to link the
accused to the commission of the offence in a situation where the accused
pleaded not guilty to the charge. Consequently, once the accused pleade