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ARTHUR
V.
THE REPUBLIC

(1976) JELR 65908 (HC)

High Court 14 Apr 1976 Ghana
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- Conviction for assault upheld despite the misdescription of the victim in the charge, as the error was curable by evidence and no substantial miscarriage of justice occurred (applying s.112(1) Criminal Procedure Code, cf. Akowuah and Boah

Case Details

Judges:SARKODEE J.
Counsel:DAWSON FOR THE APPELLANT; MRS. ALBERTA OTOO FOR THE REPUBLIC.
Other Citations:[1976] 2 GLR 250

SARKODEE J.

In this appeal against the judgment of the District Court Grade I, Tarkwa, the accused then aged 22 years was convicted of the charge of assault on a girl and was sentenced to eighteen months’ imprisonment with hard labour.

Beatrice Cudjoe, a dental nurse, lived with her daughter then aged three years at the hospital quarters, Tarkwa. The accused, a co-tenant, used to visit the house of Beatrice Cudjoe and play with her and her daughter. At about 12.30 p.m. on 30 October 1975, Beatrice was at the dental clinic with her daughter when the accused went to her and with the knowledge of Beatrice took the child away. The accused returned the child to her mother at about 12.45 p.m. just when Beatrice had closed from work and was about to go home. She immediately went home with her daughter. Soon after they had reached home the child told her mother she would go to the toilet. The mother gave her a chamber pot on which she sat; she then called her mother and told her she was bleedin…

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