REPUBLIC VRS. BAKAH (VR/AL/DC/B3/06/2025.) [2025] GHADC 50 (27 February 2025)

IN THE DISTRICT COURT HELD AT ANLOGA IN THE VOLTA REGION ON THURSDAY THE 27TH DAY OF FEBRUARY, 2025. BEFORE HER WORSHIP REJOICE ASEYE GADAGOE, DISTRICT MAGISTRATE CASE NO.: VR/AL/DC/B3/06/2025. THE REPUBLIC VRS ISAAC BAKAH JUDGMENT: STATEMENT OF OFFENCE: The Accused, MR. ISAAC BAKAH, was arraigned before this Honourable Court on 10/02/2025; and was charged with the offence stated below: Causing harm contrary to SECTION 69 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29). PLEA OF ACCUSED: Accused’s plea was taken on 10/02/2025, and he pleaded GUILTY WITH EXPLANATION to the Count. His explanation was captured but conviction and sentencing were deferred to 27/02/2025. CASE OF THE PROSECUTION: The facts as presented by the Prosecution were that; “The Complainant, MR. VINCENT DOGBEGALI, is a 45 years old upholstery maker and a native of Tegbi, a suburb of Keta. Accused, Isaac Bakah is unemployed and also stays at Abutiakofe. On 23rd January, 2025 about 9:00pm, Complainant was in the house with his dog when Accused was passing in front of the house. 1 The dog upon seeing him started barking and the Accused threw stones at it into the house. One of the stones hit close to the Complainant who was sleeping on a bench on the compound. Complainant went out and met Accused holding a stick. Complainant questioned him as to why he was throwing stones at the dogs and neglected the possibility of the stone hitting someone in the house. Without provocation, Accused struck Complainant at the face with the stick twice and fled. About two weeks later on 8/02/2025, luck eluded the Accused when Complainant spotted and arrested him with the help of others and brought him to the Keta Police Station. Accused admitted the offence of causing harm in his investigation cautioned statement and after investigation, he was charged with the offence as stated on the charged sheet and arraigned before the Honourable Court”. Application of the Law: SECTION 69 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29); provides as follows; “69. Causing harm A person who intentionally and unlawfully causes harm to any other person commits a second degree felony”. In BROBBEY V. THE REPUBLIC [1982-1983] GLR 806; the court held as follows: “An essential element for the constitution of the crimes of causing harm contrary to section 69 and causing damage contrary to section 172 of the Criminal Code, 1960 (Act 29), was that the harm or damage must not only be intentional but also unlawful. Mere harm or damage without more was insufficient.” Therefore, to secure conviction on a charge of causing harm, the prosecution must prove the following essential elements. a. That the act of the accused caused harm to another person. 2 b. That the harm caused by the accused person was intentional. c. That the harm caused was without any legal justification. Additionally, SECTION 1 OF THE CRIMINAL OFFENCES, ACT, 1960 (ACT 29) defines “harm” to be; “A bodily hurt, disease, or disorder, whether permanent or temporary”. CONCLUSION: Subsequent to the reading of the brief facts, the Complainant told the Honourable Court that he had spent over FOUR THOUSAND GHANA CEDIS (GH.C4,000.00) on treatment but has still not recovered. According to Complainant, he returned from his shop quite late and was fell asleep on a Bench on the compound of their House. A stone hit close to him which woke him up. He stepped out to check who was throwing stones at the dogs on their compound only to find the Accused hidden close to the entrance of their house with a stick/log in hand. The convict’s actual reason for throwing stones at guard Dogs in the Complainant’s house that night, was never unraveled. The accused attacked him with the log in his hand and he fainted. The Accused left in that state and bolted. Fortunately, his sister emerged from her room, found him and sought help to revive him. He mentioned the constant headaches he now lives with. Accused offered to assist Complainant by re-imbursing him for the initial treatment cost. The case was accordingly adjourned to today for the fulfillment of that crucial assistance to Complainant. Accused failed to honour his pledge. The elements of the offence of causing harm were all present. A grievous harm was caused to the head/skull of the complainant who is still grappling with the effects of the unjustified attack from Accused. To aggravate his crime, Accused bolted when the Complainant fainted. 3 CONVICTION: Accused explanation did not exonerate him. He was therefore convicted on his own GUILTY PLEA. SENTENCE: The Convict was sentenced to 2years in prison in hard labour. SGD. HW REJOICE ASEYE GADAGOE DISTRICT MAGISTRATE 27/02/2025.  Representation: - DETECTIVE CHIEF INSPECTOR RANSFORD KWATEI PROSECUTED FOR THE REPUBLIC. - ACCUSED NOT REPRESENTED. 4