Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1965) JELR 69708 (HC)    
High Court  ·  3 Jun 1965 ·  Ghana
Other Citations
[1965] GLR 424

Ratio Decidendi

Core Terms Beta
learned district magistrate
ferocious dog
mr. binney
first prosecution witness
particulars of offence
ferocious dogs
knowledge of the ferocity of the dog
medical report
nature of the charge
criminal law
statement of offence
accused person
criminal code
dogs bit
house of the appellant
learned state attorney
learned trial magistrate
absence of the necessary state of mind
accused has knowledge of the ferocity of the dog
additional grounds of appeal
big dog bit
construction of the particular section
course of the prosecution
criminal procedure code
date of the alleged offence
district court
evidence of the second prosecution witness
first original ground of appeal
knowledge of the ferocity of the dogs
material witnesses
necessary ingredients of the offence
order of the learned district magistrate
ordinary language
original grounds
prosecution witnesses
public nuisance
public nuisances
respect of the dogs
second line of the particulars
state attorney
substantive section
sufficient information
unwholesome food
wounds of the first prosecution witness


Before the District Court, Labadi, Accra, the appellant was charged and convicted of the offence of allowing ferocious dogs to be at large contrary to section 296 of the Criminal Code, 1960 (Act 29). The learned district magistrate who tried the case made an order in respect of the dogs. The appellant has appealed to this court against her conviction and the order of the learned district magistrate. The particulars of offence read as follows:

“For that you, Bulley Neequaye, Teacher, on 14 December 1964 at Nyaniba Estate, Accra, in the Accra Magisterial District and within the jurisdiction of this court did suffer to be at large unmuzzled a certain ferocious dog of which you have the charge.”

Later on in the course of the prosecution, the charge was amended to include “September and another dog.” Although the intention of the amendment was, I surmise, to include “September 1964” as to the date of the alleged offence and instead of “a certain ferocious dog” to “have two ferociou…

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