Republic Vrs Moses Kwadjo Ninson & 3 Ors. [2022] GHACC 119 (30 November 2022)

Republic Vrs Moses Kwadjo Ninson & 3 Ors. [2022] GHACC 119 (30 November 2022)

The prosecution proved beyond reasonable doubt that the 1st, 2nd, and 3rd accused conspired and committed robbery, based on their voluntary confession statements, corroborating evidence, and the recovery of the vehicle. The alibi defences were unsubstantiated. The prosecution failed to prove that the 4th accused knew the vehicle was stolen at the time of receipt, so he is acquitted.

Citation
[2022] GHACC 119
Parties
Prosecution: The Republic; 1st Accused: Moses Kwadjo Ninson; 2nd Accused: John Abeiku Quaicoe; 3rd Accused: Bright Kwadjo Amoateng; 4th Accused: John Badu Ayepah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 November 2022
Procedural Posture
Criminal / Judgment
Outcome
Conviction for 1st, 2nd, and 3rd accused on conspiracy and robbery; acquittal for 4th accused on dishonestly receiving.
Legal Topics
Robbery, Conspiracy, Dishonestly Receiving, Burden of Proof, Alibi, Sentencing
Source Language
English
Criminal Law Robbery Conspiracy Dishonestly Receiving Burden of Proof Alibi Sentencing

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Parties

The Republic

Prosecution

Moses Kwadjo Ninson

1st Accused

John Abeiku Quaicoe

2nd Accused

Bright Kwadjo Amoateng

3rd Accused

John Badu Ayepah

4th Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the 1st, 2nd, and 3rd accused conspired and committed robbery
  2. 2 Whether the 4th accused dishonestly received property knowing it was obtained by robbery

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the 1st, 2nd, and 3rd accused conspired and committed robbery, based on their voluntary confession statements, corroborating evidence, and the recovery of the vehicle. The alibi defences were unsubstantiated. The prosecution failed to prove that the 4th accused knew the vehicle was stolen at the time of receipt, so he is acquitted.

Court Disposition

Conviction for 1st, 2nd, and 3rd accused on conspiracy and robbery; acquittal for 4th accused on dishonestly receiving.

Orders

  • 1st, 2nd, and 3rd accused each sentenced to 15 years imprisonment for conspiracy and 15 years for robbery, to run concurrently.
  • 4th accused acquitted and discharged.