REPUBLIC vs. NANA OKYERE DARKWA II [1992]DLCA4978

Date	1992-02-27
Suit No.	[1992 – 1993] 3 G B R 1631– 1632 C.A
Citation No.	[1992]DLCA4978

ESSIEM JA

KPEGAH JA

OFORI-BOATENG JA

ANSONG (MRS) CHIEF STATE ATTORNEY FOR THE APPELLANT.

AHENKORAH FOR THE RESPONDENT.

[1992]DLCA4978
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													<main id="main" class="content" style="min-height: 60rem" >REPUBLIC<o:p></o:p>vs.<o:p></o:p>NANA OKYERE DARKWA II<o:p></o:p>[COURT
OF APPEAL]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

[1992 – 1993] 3 G B R 1631– 1632 C.A&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 27 FEBRUARY 1992<o:p></o:p>

AHENKORAH
FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ESSIEM
JA, KPEGAH JA, OFORI-BOATENG JA<o:p></o:p>

</div>ESSIEM JA. <o:p></o:p>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.<o:p></o:p>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.<o:p></o:p>In
allowing the appeal the High Court stated inter alia:<o:p></o:p>“There was no evidence to show that
the parties either exchanged words at the scene or engaged in any altercation
of a sort.”<o:p></o:p>With
this finding I am in complete agreement with the High Court. I do not see how,
if a person is slapped twice under the circumstance described above, he can be
said to have done an act to disturb the peace. The respondent did nothing. The
evidence on record did not show that the respondent retaliated. What happened
was an unprovoked attack on the respondent and at the close of the case of the
prosecution, the court ought to have acquitted and discharged the respondent,
for in my view there was no evidence in support of the charge against him.<o:p></o:p>In
my opinion the conviction of the respondent was wrong as at the close of the
prosecutions case there was no evidence led to establish the particulars of the
charge and he should have been acquitted and discharged at that stage. When he
was called upon the evidence he gave in his defence did not supply any evidence
upon which a court could convict him for any offence. Indeed it tended to show
more that there was no basis for the charge.<o:p></o:p>I
am of the opinion that the High Court judge was right in acquitting the
respondent. I shall therefore dismiss the appeal.<o:p></o:p><o:p>&nbsp;</o:p>KPEGAH JA. I
agree.<o:p></o:p><o:p>&nbsp;</o:p>

OFORI-BOATENG JA.
I also agree.<o:p></o:p></main>