The Republic Vrs Asante [2022] GHADC 110 (21 December 2022)

The Republic Vrs Asante [2022] GHADC 110 (21 December 2022)

The court found the accused's explanation not credible, relying on his caution statement and corroborated prosecution evidence that he entered the premises with a green gallon and attempted to siphon petrol, thus proving both charges beyond reasonable doubt.

Citation
[2022] GHADC 110
Parties
Prosecution: The Republic; Accused: Vincent Asante
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 December 2022
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Attempt to Commit Stealing, Being on Premises for Unlawful Purposes
Source Language
English
Criminal Law Attempt to Commit Stealing Being on Premises for Unlawful Purposes

Case Brief

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Parties

The Republic

Prosecution

Vincent Asante

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of attempt to commit stealing
  2. 2 Whether the accused is guilty of being on premises for unlawful purposes

Ratio Decidendi

The court found the accused's explanation not credible, relying on his caution statement and corroborated prosecution evidence that he entered the premises with a green gallon and attempted to siphon petrol, thus proving both charges beyond reasonable doubt.

Court Disposition

Conviction and sentence

Orders

  • Accused convicted on both counts
  • Accused sentenced to pay a fine of 100 penalty units on each count or in default 6 months imprisonment; sentences to run concurrently