REPUBLIC VRS ISSAH (B18/17/2024) [2023] GHACC 1160 (28 September 2023)

REPUBLIC VRS ISSAH (B18/17/2024) [2023] GHACC 1160 (28 September 2023)

The evidence did not support the charge of robbery as the injury to the complainant occurred during resistance to rape, not to facilitate theft. The prosecution failed to prove the essential ingredients of robbery beyond reasonable doubt.

Citation
[2023] GHACC 1160
Parties
Prosecution: The Republic; Accused: Rauf Issah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 September 2023
Case Number
B18/17/2024
Procedural Posture
Criminal / Judgment
Outcome
Accused discharged of the offence of robbery.
Legal Topics
Robbery, Rape, Possession of Firearm, Burden of Proof
Source Language
English
Criminal Law Robbery Rape Possession of Firearm Burden of Proof

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Parties

The Republic

Prosecution

Rauf Issah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed robbery as defined under Section 149 and 150 of the Criminal and Other Offences Act 1960 [Act 29]
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The evidence did not support the charge of robbery as the injury to the complainant occurred during resistance to rape, not to facilitate theft. The prosecution failed to prove the essential ingredients of robbery beyond reasonable doubt.

Court Disposition

Accused discharged of the offence of robbery.

Orders

  • Accused discharged of robbery charge.
  • Accused to be preserved for possible prosecution for rape.