RE[UBLIC VRS RICHARD KPAKPO ALLOTEY & ANOR. (D21/440/2021) [2023] GHACC 1023 (14 June 2023)

RE[UBLIC VRS RICHARD KPAKPO ALLOTEY & ANOR. (D21/440/2021) [2023] GHACC 1023 (14 June 2023)

The prosecution failed to prove that the complainant had lawful ownership of the land, making the alleged damage lawful. Since no substantive offence was committed by A2, A1 could not be guilty of abetment. Both accused have no case to answer.

Citation
[2023] GHACC 1023
Parties
Prosecutor: The Republic; Accused: Richard Kpakpo Allotey; Accused: Amanor Tawia John
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
14 June 2023
Case Number
D21/440/2021
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Acquittal
Legal Topics
Unlawful Damage, Abetment, Land Ownership, Burden of Proof
Source Language
English
Criminal Law Unlawful Damage Abetment Land Ownership Burden of Proof

Case Brief

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Parties

The Republic

Prosecutor

Richard Kpakpo Allotey

Accused

Amanor Tawia John

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case for causing unlawful damage against A2
  2. 2 Whether the prosecution established a prima facie case for abetment against A1

Ratio Decidendi

The prosecution failed to prove that the complainant had lawful ownership of the land, making the alleged damage lawful. Since no substantive offence was committed by A2, A1 could not be guilty of abetment. Both accused have no case to answer.

Court Disposition

Acquittal

Orders

  • Submission of no case to answer upheld for both accused.
  • Both accused persons are acquitted.