REPUBLIC VRS. AGBENKEY (B7/11/2024) [2025] GHADC 45 (27 March 2025)

REPUBLIC VRS. AGBENKEY (B7/11/2024) [2025] GHADC 45 (27 March 2025)

The prosecution proved beyond reasonable doubt that the accused attempted to dishonestly appropriate property belonging to another, satisfying the elements of attempt to steal under the law. The accused's defense was inconsistent and uncorroborated, failing to raise reasonable doubt.

Citation
[2025] GHADC 45
Parties
Prosecution: The Republic; Accused: Thomas Agbenkey
Court
District Court
Jurisdiction
Ghana
Judgment Date
27 March 2025
Case Number
B7/11/2024
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Attempt to Commit Crime, Stealing, Burden of Proof, Credibility of Witnesses, Sentencing
Source Language
English
Criminal Law Attempt to Commit Crime Stealing Burden of Proof Credibility of Witnesses Sentencing

Case Brief

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Parties

The Republic

Prosecution

Thomas Agbenkey

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused attempted to commit the crime of stealing under sections 18 and 124(1) of the Criminal Offences Act (1960) Act 29
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused attempted to dishonestly appropriate property belonging to another, satisfying the elements of attempt to steal under the law. The accused's defense was inconsistent and uncorroborated, failing to raise reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • The accused is found guilty of attempt to commit crime namely stealing.
  • The accused is convicted and sentenced to 18 months imprisonment in hard labour.