Republic Vrs Dompreh [2023] GHACC 244 (31 January 2023)

Republic Vrs Dompreh [2023] GHACC 244 (31 January 2023)

The plea of autrefois convict was rejected because the facts and offences in the previous conviction were different from those in the present case. The prosecution proved beyond reasonable doubt that the accused dishonestly appropriated customer funds entrusted to him as a mobile banker, satisfying the elements of stealing under Ghanaian law.

Citation
Republic Vrs Dompreh [2023] GHACC 244 (31 January 2023)
Parties
Prosecution: The Republic; Accused: Nelson Dompreh
Court
ghacc
Jurisdiction
Ghana
Judgment Date
31 January 2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Stealing, Autrefois Convict, Double Jeopardy, Burden of Proof, Sentencing
Source Language
eng
Criminal Law Stealing Autrefois Convict Double Jeopardy Burden of Proof Sentencing

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Parties

The Republic

Prosecution

Nelson Dompreh

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is protected by the plea of autrefois convict (double jeopardy) under Article 19(7) of the 1992 Constitution
  2. 2 Whether the prosecution proved the offence of stealing beyond reasonable doubt

Ratio Decidendi

The plea of autrefois convict was rejected because the facts and offences in the previous conviction were different from those in the present case. The prosecution proved beyond reasonable doubt that the accused dishonestly appropriated customer funds entrusted to him as a mobile banker, satisfying the elements of stealing under Ghanaian law.

Court Disposition

Conviction and sentence

Orders

  • Accused found guilty of stealing
  • Accused sentenced to two years in prison custody