Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



COMFORT AND ANOTHER
V.
THE REPUBLIC

(1974) JELR 69847 (HC)    
High Court  ·  22 Mar 1974 ·  Ghana
 · 
Other Citations
[1974] 2 GLR 1
CORAM
OSEI-HWERE J.

Ratio Decidendi

Core Terms Beta
appellants
first appellant
second prosecution witness
defence
magistrate
reasons
section
trial magistrate
appeal
first prosecution witness
peter adjei
prosecution’s case
second appellant
statement
abena frema
bodily harm
criminal procedure code
prayer meetings
sentence of the appellants
ample evidence
appellate court
conduct of that person
court
criminal act
criminal code
criminal convictions
criminal law
defence contention
evidence of the first appellant
evil spirits
first appellant’s statement
first prosecution witness peter adjei
following principles
grounds of appeal
judicial process
magistrate’s statement
only sensible thing
opinion of the court
osei-hwere j.
particular night of the alleged assault
person’s consent
reasonable doubt
second appellants
second prosecution witnesses
similar treatment
spiritualist meeting
state of mind
trial magistrate’s statement
victim of an unprovoked attack
victim’s consent

OSEI-HWERE J.

On 8 March 1974 I allowed this appeal and set aside the conviction and sentence of the appellants and substituted an acquittal and discharge and ordered that the fines imposed if paid should be refunded forthwith to the appellants. I reserved my reasons which I now proceed to give. The first and second appellants were jointly charged in count 1 for assaulting one Peter Adjei and the first appellant alone was charged in count 2 for assaulting one Abena Frema. The prosecution’s case, in a nutshell, disclosed that the complainants, Peter Adjei and Abena Frema (the first and second prosecution witnesses respectively) had attended a spiritualist meeting which the first appellant had conducted at her house to exorcise evil spirits and that in the course of the meeting the first appellant, who is acknowledged by the group as a prophetess and was therefore the chief actress in the drama, had hit the head of Abena Frema several times with a stick in her effort to exorcise Abena F…

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