REPUBLIC VRS ABBEY (7/56/23) [2023] GHADC 877 (28 November 2023)

REPUBLIC VRS ABBEY (7/56/23) [2023] GHADC 877 (28 November 2023)

The court found that Stephen Abbey intentionally and unlawfully caused damage to the complainant’s burglar proof window, unlawfully entered the premises without consent, and dishonestly appropriated building materials belonging to the complainant, based on his own admissions and corroborating evidence. The prosecution met the burden of proof beyond reasonable doubt for all charges.

Citation
[2023] GHADC 877
Parties
Prosecution: The Republic; Accused 1: Stephen Abbey; Accused 2: Jonathan Addy; Complainant: Yeboah Ansong
Court
District Court
Jurisdiction
Ghana
Judgment Date
28 November 2023
Case Number
7/56/23
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentencing of Accused 1; Accused 2 summarily sentenced on plea of guilty.
Legal Topics
Unlawful Damage, Unlawful Entry, Stealing, Dishonestly Receiving, Burden of Proof
Source Language
English
Criminal Law Unlawful Damage Unlawful Entry Stealing Dishonestly Receiving Burden of Proof

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Parties

The Republic

Prosecution

Stephen Abbey

Accused 1

Jonathan Addy

Accused 2

Yeboah Ansong

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether accused unlawfully caused damage to complainant’s burglar proof
  2. 2 Whether accused unlawfully entered the premises of the complainant
  3. 3 Whether accused stole the items belonging to the complainant

Ratio Decidendi

The court found that Stephen Abbey intentionally and unlawfully caused damage to the complainant’s burglar proof window, unlawfully entered the premises without consent, and dishonestly appropriated building materials belonging to the complainant, based on his own admissions and corroborating evidence. The prosecution met the burden of proof beyond reasonable doubt for all charges.

Court Disposition

Conviction and sentencing of Accused 1; Accused 2 summarily sentenced on plea of guilty.

Orders

  • Accused 1 sentenced to a fine of 100 penalty units or 3 months’ imprisonment for Count 1 (Unlawful Damage)
  • Accused 1 sentenced to a fine of 150 penalty units or 4 months’ imprisonment for Count 2 (Unlawful Entry)