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BROBBEY AND OTHERS
V.
THE REPUBLIC

(1981) JELR 65865 (HC)

High Court 4 Mar 1981 Ghana
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- Convictions for causing harm, damage, and stealing by police officers in the course of an arrest were quashed on appeal; use of reasonable force is lawful when effecting an arrest, provided the arrestee is informed of the grounds and no e

Case Details

Judges:TWUMASI J.
Counsel:J.A. DAWSON FOR THE APPELLANTS; ASAFO-ADJEI SENIOR STATE ATTORNEY FOR THE REPUBLIC.
Other Citations:[1982-83] GLR 608

TWUMASI J.

On 28 March 1980, four policemen were arraigned before the District Court Grade 1, Bibiani, on two counts of causing harm, contrary to section 69; one count of causing damage, contrary to section 172; and one count of stealing, contrary to section 124 respectively, of the Criminal Code, 1960 (Act 29). The trial commenced instantaneously but did not end that day wherefore the accused were remanded on bail. The prosecution closed their case on 11 April 1980 when the trial resumed. The accused suffered convictions on all the four counts according as they were charged. The punishment meted out to each accused was one month’s prison term with hard labour and an order to refund the money alleged to have been stolen. The first and fourth accused petitioned the High Court for redress of their grievances, contending that true justice was not meted out to them by the learned trial magistrate.

The circumstances that culminated in the criminal proceedings were related by seven witnesses …

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