Republic Vrs Simpson [2022] GHADC 358 (31 October 2022)

Republic Vrs Simpson [2022] GHADC 358 (31 October 2022)

The prosecution failed to prove beyond reasonable doubt the essential elements of causing unlawful damage, unlawful entry, and stealing, as there was no direct evidence, forensic evidence, or credible identification linking the accused to the offences. The court found the evidence insufficient to sustain any of the charges and acquitted the accused on all counts.

Citation
[2022] GHADC 358
Parties
Prosecution: The Republic; Accused: Michael Simpson @ Kwaateye
Court
District Court
Jurisdiction
Ghana
Judgment Date
31 October 2022
Procedural Posture
Criminal / Ruling on No Case to Answer
Outcome
acquittal and discharge
Legal Topics
Causing Unlawful Damage, Unlawful Entry, Stealing, Burden of Proof, Presumption of Innocence
Source Language
English
Criminal Law Causing Unlawful Damage Unlawful Entry Stealing Burden of Proof Presumption of Innocence

Case Brief

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Parties

The Republic

Prosecution

Michael Simpson @ Kwaateye

Accused

Procedural Posture

Criminal / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt the charges of causing unlawful damage, unlawful entry, and stealing against the accused

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt the essential elements of causing unlawful damage, unlawful entry, and stealing, as there was no direct evidence, forensic evidence, or credible identification linking the accused to the offences. The court found the evidence insufficient to sustain any of the charges and acquitted the accused on all counts.

Court Disposition

acquittal and discharge

Orders

  • Accused acquitted and discharged on all eight counts.