THE REUBLIC v. KENNETH KWAO BOAFO
April 28, 2023
DISTRICT COURT
GHANA
CORAM
- HIS WORSHIP MICHAEL DEREK OCLOO
Areas of Law
- Criminal Law and Procedure
- Evidence Law
April 28, 2023
DISTRICT COURT
GHANA
CORAM
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J U D G M E N T
The Accused person was arraigned before this Court on a charge of threat of Death Contrary
to section 75 of the Criminal and other offences Act, 1960, Act 29. He pleaded not guilty after
the charge had been read out and explained to him.
The facts of the case as presented by the prosecution are that the complainant Hans Carboo
Kweinor is 34 years old and business man whiles the Accused person Kenneth Kwao Boafo
is 38 years old and a farmer. Both the complainant and the Accused person live at
Oduwanya a suburb of Somanya and they are cousins. In April, 2020 the Accused person
told one Paul Tetteh who is a witness in the case to inform the complainant that anywhere he
(Accused Person) meets the complainant he will kill him (complainant). Paul Tetteh
delivered the message to the complainant. The Accused person again told some of the
complainant’s friends to inform him (complainant) that when he meets the complainant he
will kill him. On 24/5/2202 the complainant lodged a complaint of Threat of Death against
the Accused person at the Somanya Police Station. On 28/5/2020 the Accused person was
invited to the Somanya Police Station and was re-arrested for investigation after which he
was charged with the offence stated on the charge sheet.
In the Witness Statement of PW1 he corroborated the facts of the prosecution and added that
his tenant by name Happy informed him (PW1) that the Accused person’s mother Comfort
Korla had ordered him (tenant) to vacate the room so he (PW1) went to the house to
establish the veracity or otherwise of the information. He knocked on the door of Comfort
Korla but it was the Accused person who came out and when he started to make enquiries
about Comfort Korla, then the Accused person told him (PW1) that he will finish him on that
day whilst at the same time picking a pestle to attack him (PW1) and the tenants around took
him (PW1) away from the scene.
PW2, Paul Tetteh corroborated the facts of the prosecution and added that he informed the
complainant’s mother Henrietta Carboo about the threat and she (Henrrieta) also told the
complainant to be aware of same.
PW3 NO. 52400 D/L/CPL Atanla Peter who is the investigator in the case stated that the
complainant, upon hearing of the threat, became afraid and lodged a complainant at the
Police Station.
When the Accused person was given the opportunity to give his caution statement he said he
needed an explanation about the charge because he has
AI Generated Summary
This Magistrate’s Court judgment concerns cousins living in Oduwanya, Somanya: complainant Hans Carboo Kweinor, a 34-year-old businessman, and accused Kenneth Kwao Boafo, a 38-year-old farmer. The prosecution’s case was that in April 2020 Kenneth told witness Paul Tetteh and others to inform Hans he would kill him if they met, and PW1 described a subsequent confrontational incident where Kenneth threatened to “finish” him while picking up a pestle. Hans reported at the Somanya Police Station; the accused was invited, re-arrested, investigated, and charged under section 75 of the Criminal and Other Offences Act. Applying the burden of proof from Asare v The Republic and evidentiary principles from Quagraine v Adams, the court found the threat proved beyond reasonable doubt, rejected the notion that first reporting exculpates, and, relying on The State v Sowah and Essel, convicted Kenneth. Considering family dynamics, the court imposed a fine of 20 penalty units, with two months’ imprisonment in default.