Republic Vrs Rev. Kwame Boateng & Anor. [2022] GHACC 177 (8 December 2022)

Republic Vrs Rev. Kwame Boateng & Anor. [2022] GHACC 177 (8 December 2022)

The prosecution failed to prove beyond reasonable doubt that the accused persons intentionally and unlawfully caused damage to the complainant's property, as evidence showed the structure was abandoned, dilapidated, and collapsed due to a storm.

Citation
[2022] GHACC 177
Parties
Prosecution: The Republic; Accused: Rev. Kwame Boateng; Accused: Laud Bruce Tagoe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
8 December 2022
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Causing Unlawful Damage, Burden of Proof, Intentional and Unlawful Acts
Source Language
English
Criminal Law Causing Unlawful Damage Burden of Proof Intentional and Unlawful Acts

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Parties

The Republic

Prosecution

Rev. Kwame Boateng

Accused

Laud Bruce Tagoe

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons intentionally and unlawfully caused damage to the complainant's property contrary to section 172 of the Criminal and Other Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused persons intentionally and unlawfully caused damage to the complainant's property, as evidence showed the structure was abandoned, dilapidated, and collapsed due to a storm.

Court Disposition

acquittal