THE REPUBLIC v. PORTIA OFORI

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