Republic Vrs Kwakye and 2 Others [2023] GHACC 296 (10 February 2023)

Republic Vrs Kwakye and 2 Others [2023] GHACC 296 (10 February 2023)

A1's voluntary confession, both in cautioned statement and sworn evidence, established his guilt for causing unlawful damage, unlawful entry, and stealing. A3's own cautioned statement and failure to provide a credible explanation for possession of stolen items, combined with A1's sworn evidence, proved guilt for dishonestly receiving. There was insufficient admissible evidence against A2 to prove guilt beyond reasonable doubt, as A1's out-of-court statement was inadmissible against A2 and no corroborating evidence was provided.

Citation
Republic Vrs Kwakye and 2 Others [2023] GHACC 296 (10 February 2023)
Parties
Prosecution: The Republic; Accused (a1): Michael Kwakye; Accused (a2): Prince Oteng @ Papapii; Accused (a3): Abdul Rahman Issah; Complainant: Mary Adu
Court
ghacc
Jurisdiction
Ghana
Judgment Date
10 February 2023
Procedural Posture
Criminal / Judgment
Outcome
A1 convicted on all counts and referred to Juvenile Court for sentencing; A3 convicted and sentenced to fine and bond; A2 acquitted and discharged.
Legal Topics
Causing Unlawful Damage, Unlawful Entry, Stealing, Dishonestly Receiving, Burden of Proof, Standard of Proof, Confession, Admissibility of Evidence, Sentencing, Juvenile Justice
Source Language
eng
Criminal Law Causing Unlawful Damage Unlawful Entry Stealing Dishonestly Receiving Burden of Proof Standard of Proof Confession +3 more

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Parties

The Republic

Prosecution

Michael Kwakye

Accused (a1)

Prince Oteng @ Papapii

Accused (a2)

Abdul Rahman Issah

Accused (a3)

Mary Adu

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that A1 committed causing unlawful damage, unlawful entry, and stealing; whether A3 dishonestly received stolen property; whether A2 dishonestly received or assisted in the disposal of stolen property

Ratio Decidendi

A1's voluntary confession, both in cautioned statement and sworn evidence, established his guilt for causing unlawful damage, unlawful entry, and stealing. A3's own cautioned statement and failure to provide a credible explanation for possession of stolen items, combined with A1's sworn evidence, proved guilt for dishonestly receiving. There was insufficient admissible evidence against A2 to prove guilt beyond reasonable doubt, as A1's out-of-court statement was inadmissible against A2 and no corroborating evidence was provided.

Court Disposition

A1 convicted on all counts and referred to Juvenile Court for sentencing; A3 convicted and sentenced to fine and bond; A2 acquitted and discharged.

Orders

  • A1 to be taken to Juvenile Court at Nkawkaw for sentencing; Registry to transmit record to Juvenile Court.
  • A3 to pay a fine of 200 penalty units or serve 12 months imprisonment in default.