Republic Vrs David Narh @ Nii Nai [2022] GHADC 277 (3 October 2022)

Republic Vrs David Narh @ Nii Nai [2022] GHADC 277 (3 October 2022)

The court found the prosecution's evidence credible and the accused's defence untruthful and unreliable, concluding that the accused unlawfully entered the complainant's room and attempted to steal, thus meeting all elements of the charged offences beyond reasonable doubt.

Citation
[2022] GHADC 277
Parties
Prosecution: The Republic; Accused: David Narh alias Nii Nai
Court
District Court
Jurisdiction
Ghana
Judgment Date
3 October 2022
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentencing
Legal Topics
Attempt to Commit Crime, Stealing, Unlawful Entry, Burden of Proof, Standard of Proof
Source Language
English
Criminal Law Attempt to Commit Crime Stealing Unlawful Entry Burden of Proof Standard of Proof

Case Brief

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Parties

The Republic

Prosecution

David Narh alias Nii Nai

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused attempted to commit stealing
  2. 2 Whether the accused unlawfully entered the complainant's premises

Ratio Decidendi

The court found the prosecution's evidence credible and the accused's defence untruthful and unreliable, concluding that the accused unlawfully entered the complainant's room and attempted to steal, thus meeting all elements of the charged offences beyond reasonable doubt.

Court Disposition

Conviction and sentencing

Orders

  • Accused sentenced to six months imprisonment in hard labour on count one (attempt to steal)
  • Accused sentenced to eighteen months imprisonment in hard labour on count two (unlawful entry)