REPUBLIC VRS ABUBAKAR (NR/DC/KPA/B10/3/24) [2024] GHADC 447 (6 September 2024)

REPUBLIC VRS ABUBAKAR (NR/DC/KPA/B10/3/24) [2024] GHADC 447 (6 September 2024)

The prosecution proved beyond reasonable doubt that the accused intentionally and unlawfully allowed his cattle to graze on the complainant's cassava farm, causing damage. Although the exact value of the damage was not established, the evidence showed that the damage exceeded GH¢100. The accused's inconsistent testimony and admissions supported the prosecution's case. The court found the accused guilty of causing unlawful damage under Section 172(1)(b) of Act 29.

Citation
REPUBLIC VRS ABUBAKAR (NR/DC/KPA/B10/3/24) [2024] GHADC 447 (6 September 2024)
Parties
Prosecution: The Republic; Accused: Fuseini Abubakar
Court
ghadc
Jurisdiction
Ghana
Judgment Date
6 September 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Causing Unlawful Damage, Burden of Proof, Criminal Liability for Acts of Animals, Sentencing, Compensation Orders
Source Language
eng
Criminal Law Causing Unlawful Damage Burden of Proof Criminal Liability for Acts of Animals Sentencing Compensation Orders

Case Brief

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Parties

The Republic

Prosecution

Fuseini Abubakar

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused intentionally and unlawfully caused damage to the complainant's property exceeding GH¢100 in value
  2. 2 Whether the prosecution proved the essential ingredients of the offence beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused intentionally and unlawfully allowed his cattle to graze on the complainant's cassava farm, causing damage. Although the exact value of the damage was not established, the evidence showed that the damage exceeded GH¢100. The accused's inconsistent testimony and admissions supported the prosecution's case. The court found the accused guilty of causing unlawful damage under Section 172(1)(b) of Act 29.

Court Disposition

conviction

Orders

  • Accused sentenced to a fine of 100 penalty units or in default, one month imprisonment.
  • Accused ordered to compensate the complainant with GH¢1,000 within one week or in default, one month imprisonment.