ASANTE
V.
THE REPUBLIC

(1972) JELR 65978 (HC)

High Court 10 Apr 1972 Ghana
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- Convictions for assaulting a public officer (s.205, Act 29/60) and causing damage (s.172, Act 29/60) were quashed because the police officer was not acting in lawful execution of his duty, having failed to inform the accused of the ground

Case Details

Judges:ANTERKYI J.
Counsel:DR. OHENE-DJAN FOR THE APPELLANT; AWUKU YEBOAH ASSISTANT STATE ATTORNEY FOR THE REPUBLIC.
Other Citations:[1972] 2 GLR 177

ANTERKYI J.: By its judgment dated 25 June 1971, the District Court Grade II, Berekum, presided over by his worship Mr. Osei Kwadwo, convicted the accused on each of the following charges:

“STATEMENT OF OFFENCES

1. Assault on public officer, section 205 of Act 29/60.

2. Causing damage, section 172 of Act 29/60.

PARTICULARS OF OFFENCES 1. KWASI ASANTE , lorry driver, for that you on the 1st day of December, 1970, at Nsoatre in the Brong-Ahafo magisterial district and within the jurisdiction of this court, did unlawfully assault one No. 16688 EC/2 Mikporso Abalo, a peace officer then in the execution of his duty as such.

2. KWASI ASANTE, lorry driver, for that you on the same date and place aforesaid in the Brong-Ahafo magisterial district and within the jurisdiction of this court, did intentionally and unlawfully cause damage to one gabardine trousers value N¢12.00 the property of Constable Mikporso Abalo.”

Upon the convictions the order of the sentence read:

“Accused [was] sentenced to a…

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