THE REPUBLIC V. EDWARD ACQUAYE @NANA ABOR YAMOAH II
(2008) JELR 68437 (SC)
Supreme Court
•
SUIT NO. CA J4/11/2008
•
10 Dec 2008
•
Ghana
Coram
AKUFFO,(MS) J.S.C (PRESIDING),DATE-BAH J.S.C,ADINYIRA (MRS) J.S.C, OWUSU (MS) J.S.C, DOTSE J.S.C
Appearances
EFFAH-DARTEY FOR THE APPELLANT,GEORGE ANKUMAH MENSAH FOR THE RESPONDENT
Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>DOTSE, J.S.C.</strong></p><p>William Blackstone, the 18th century English Jurist, is credited with the following statement, which has had profound application in common law jurisdictions including Ghana. He stated and I quote:</p><p>“Better that ten guilty persons escape than one innocent suffer”</p><p>The story is also told of a Chinese law Professor who, when he was advised on the American and common law belief that it was better that a thousand guilty men go free than one innocent man be executed, retorted “Better for whom?” The Chinese law Professor was answered thus:</p><p>“Better for all, because as history has proven, if anyone can be unlawfully jailed, everyone can be unlawfully jailed”.</p><p>These are the principles that have underpinned the criteria for establishing the ingredients for offences such as contempt. This is because contempt is quasi-criminal and has to be proved beyond all reasonable doubt against whoever is accused of having flouted or disobeyed the court’s orders.</p><p>In Re: Effiduase Stool Affairs …</p>