REPUBLIC vs. NANA OKYERE DARKWA II

ESSIEM JA. This is an appeal by the State against the acquittal on appeal of the respondent by the High Court, Koforidua. The charge was for doing acts tending to disturb the peace in a public place, contrary to section 298 of the Criminal Code 1960 (Act 29) and was sentenced to a fine of ¢500 or 6 months imprisonment after being found guilty. It appears, from the record that there was some misunderstanding between the 1st accused, the respondent herein, and the 2nd accused, the complainant, and a quarrel ensued between them. They later parted company and each went his own way. Sometime afterwards, the 2nd accused, without any provocation from the respondent slapped him twice on the cheek. The police effected the arrest of the respondent and his assailant sometime after this assault. They were charged with the offence, tried and convicted by the District Court Grade I, Kibi. The State appealed to the High Court, Koforidua. In allowing the appeal the High Court stated inter alia: ....