REPUBLIC VRS OKINE (CC08/01/22) [2023] GHADC 858 (29 August 2023)

REPUBLIC VRS OKINE (CC08/01/22) [2023] GHADC 858 (29 August 2023)

The prosecution failed to prove that the accused forged the complainant's signature and stamp on the disputed indenture, as the forensic report did not analyze the actual document in question (Exhibit B), and the land in dispute was not owned by the complainant. Therefore, the essential ingredients of the offence were not established beyond reasonable doubt.

Citation
[2023] GHADC 858
Parties
Prosecution: The Republic; Accused: David Okine
Court
District Court
Jurisdiction
Ghana
Judgment Date
29 August 2023
Case Number
CC08/01/22
Procedural Posture
Criminal / Judgment on Submission of No Case to Answer
Outcome
Acquittal
Legal Topics
Forgery, Burden of Proof, Submission of No Case, Evidence
Source Language
English
Criminal Law Forgery Burden of Proof Submission of No Case Evidence

Case Brief

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Parties

The Republic

Prosecution

David Okine

Accused

Procedural Posture

Criminal / Judgment on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of forgery against the accused
  2. 2 Whether the prosecution proved beyond reasonable doubt that the accused forged the complainant's signature and stamp

Ratio Decidendi

The prosecution failed to prove that the accused forged the complainant's signature and stamp on the disputed indenture, as the forensic report did not analyze the actual document in question (Exhibit B), and the land in dispute was not owned by the complainant. Therefore, the essential ingredients of the offence were not established beyond reasonable doubt.

Court Disposition

Acquittal

Orders

  • Accused person is acquitted.