Republic Vrs Raymond Klutse & Anor. [2022] GHADC 280 (15 December 2022)

Republic Vrs Raymond Klutse & Anor. [2022] GHADC 280 (15 December 2022)

The prosecution failed to prove beyond reasonable doubt that the 1st accused intentionally and unlawfully caused damage or stole the cables, but the evidence established that he knowingly assisted in the disposal of stolen property, amounting to the offence of dishonestly receiving.

Citation
[2022] GHADC 280
Parties
Prosecution: The Republic; 1st Accused: Raymond Klutse; 2nd Accused: Osmanu Abubakari
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Criminal / Judgment
Outcome
1st accused acquitted and discharged on count one (causing damage); convicted on count two (dishonestly receiving).
Legal Topics
Causing Damage, Stealing, Dishonestly Receiving
Source Language
English
Criminal Law Causing Damage Stealing Dishonestly Receiving

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Parties

The Republic

Prosecution

Raymond Klutse

1st Accused

Osmanu Abubakari

2nd Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the 1st accused intentionally and unlawfully caused damage to the electrical cable property of Ghana Ports and Harbour Authority
  2. 2 Whether the 1st accused dishonestly appropriated the said electrical cable property of Ghana Ports and Harbour Authority

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the 1st accused intentionally and unlawfully caused damage or stole the cables, but the evidence established that he knowingly assisted in the disposal of stolen property, amounting to the offence of dishonestly receiving.

Court Disposition

1st accused acquitted and discharged on count one (causing damage); convicted on count two (dishonestly receiving).

Orders

  • 1st accused sentenced to twelve (12) months imprisonment in hard labour.
  • 1st accused to pay a fine of 100 penalty units; in default, to serve six (6) months imprisonment in hard labour.