Republic Vrs Emmanuel and Another [2021] GHACC 2 (20 October 2021)

Republic Vrs Emmanuel and Another [2021] GHACC 2 (20 October 2021)

The court found that the prosecution proved beyond reasonable doubt, through circumstantial evidence and the doctrine of recent possession, that the accused conspired, unlawfully entered, caused damage, and stole the complainant's items. The accused were found in possession of the stolen items shortly after the break-in, and their explanations were not credible.

Citation
[2021] GHACC 2
Parties
Prosecution: The Republic; Accused: Kwame Emmanuel; Accused: Emmanuel Kissi
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
20 October 2021
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentencing of both accused on all counts
Legal Topics
Conspiracy, Unlawful Entry, Causing Unlawful Damage, Stealing, Burden of Proof, Circumstantial Evidence, Doctrine of Recent Possession, Sentencing
Source Language
English
Criminal Law Conspiracy Unlawful Entry Causing Unlawful Damage Stealing Burden of Proof Circumstantial Evidence Doctrine of Recent Possession +1 more

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Parties

The Republic

Prosecution

Kwame Emmanuel

Accused

Emmanuel Kissi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to steal from the complainant
  2. 2 Whether the accused caused unlawful damage to the complainant's doors
  3. 3 Whether the accused unlawfully entered the complainant's room to commit a crime

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt, through circumstantial evidence and the doctrine of recent possession, that the accused conspired, unlawfully entered, caused damage, and stole the complainant's items. The accused were found in possession of the stolen items shortly after the break-in, and their explanations were not credible.

Court Disposition

Conviction and sentencing of both accused on all counts

Orders

  • Each convict to serve 3 years for conspiracy, 2 years for causing unlawful damage, 3 years for unlawful entry, and 5 years for stealing, all sentences to run concurrently
  • Convicts informed of their statutory right to appeal