Arthur Vrs Republic [2021] GHASC 100 (8 December 2021)

Arthur Vrs Republic [2021] GHASC 100 (8 December 2021)

The conviction for stealing was properly sustained as the appellant's voluntary confession was corroborated by other evidence, and the prosecution proved the essential ingredients of the offence beyond reasonable doubt. The absence of the bank statement was not fatal, and there was no miscarriage of justice.

Citation
[2021] GHASC 100
Parties
Appellant: Francis Arthur; Respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
8 December 2021
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Stealing, Confession Evidence, Corroboration, Sentencing
Source Language
English
Criminal Law Stealing Confession Evidence Corroboration Sentencing

Case Brief

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Parties

Francis Arthur

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the conviction for stealing was properly sustained based on confession and corroborative evidence
  2. 2 Whether failure to tender the bank statement of the Walk-in Account was fatal to the prosecution's case
  3. 3 Whether the confession statement alone was sufficient for conviction

Ratio Decidendi

The conviction for stealing was properly sustained as the appellant's voluntary confession was corroborated by other evidence, and the prosecution proved the essential ingredients of the offence beyond reasonable doubt. The absence of the bank statement was not fatal, and there was no miscarriage of justice.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • The appeal is dismissed.
  • The conviction and sentence of ten years imprisonment are affirmed.