REPUBLIC VRS NARTEY AND OTHER (D1/96/2022) [2023] GHACC 762 (28 December 2023)

REPUBLIC VRS NARTEY AND OTHER (D1/96/2022) [2023] GHACC 762 (28 December 2023)

The prosecution proved beyond reasonable doubt that the first accused intentionally and unlawfully caused damage to the complainant's crops. The defence failed to provide a credible or probable explanation, and the evidence established the elements of the offence under section 172 of the Criminal Offences Act, 1960 (Act 29).

Citation
[2023] GHACC 762
Parties
Prosecution: The Republic; First Accused: Razak Nartey; Second Accused: Wisdom Maccathy; Complainant: Yevaho Farms Limited
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 December 2023
Case Number
D1/96/2022
Procedural Posture
Criminal / Judgment
Outcome
First accused convicted on count of causing unlawful damage; both accused acquitted on count of conspiracy.
Legal Topics
Conspiracy, Causing Unlawful Damage, Land Ownership, Burden of Proof
Source Language
English
Criminal Law Property Law Conspiracy Causing Unlawful Damage Land Ownership Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Razak Nartey

First Accused

Wisdom Maccathy

Second Accused

Yevaho Farms Limited

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to cause unlawful damage
  2. 2 Whether the accused persons caused unlawful damage to the complainant's crops

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the first accused intentionally and unlawfully caused damage to the complainant's crops. The defence failed to provide a credible or probable explanation, and the evidence established the elements of the offence under section 172 of the Criminal Offences Act, 1960 (Act 29).

Court Disposition

First accused convicted on count of causing unlawful damage; both accused acquitted on count of conspiracy.

Orders

  • First accused found guilty and convicted on count 2 (causing unlawful damage)
  • Both accused acquitted on count 1 (conspiracy)