The Republic Vrs Atimbonu & Another [2023] GHADC 433 (13 February 2023)

The prosecution proved beyond a reasonable doubt that both accused persons conspired to steal and did steal the complainants' motorbikes, based on credible confessions, corroborating evidence, and failure of the accused to raise reasonable doubt as to their guilt.

Citation: [2023] GHADC 433
Parties: Prosecution: The Republic; Accused: Kofi Atimbonu; Accused: Wahidu Sulemana
Court: District Court
Jurisdiction: Ghana
Judgment Date: 13 February 2023
Procedural Posture: Criminal / Judgment
Outcome: Conviction and sentence
Legal Topics: Conspiracy, Stealing, Burden of Proof, Confession, Evidence
Source Language: English

Criminal Law Conspiracy Stealing Burden of Proof Confession Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Kofi Atimbonu

Accused

Wahidu Sulemana

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused persons conspired to commit stealing
2 Whether the accused persons dishonestly appropriated the complainants' motorbikes

Ratio Decidendi

Court Disposition

Conviction and sentence

Orders

A1 and A2 are each sentenced to pay a fine of 300 penalty units or in default serve twelve (12) months imprisonment with hard labour on count one (conspiracy to steal).
A1 and A2 are each sentenced to pay a fine of 300 penalty units or in default serve twelve (12) months imprisonment with hard labour on count two (stealing).