The Republic Vrs Gyamfi & 2 Others [2022] GHACC 96 (28 November 2022)

The Republic Vrs Gyamfi & 2 Others [2022] GHACC 96 (28 November 2022)

A2 and A3 conspired and acted together with a common purpose to steal, unlawfully entered the premises, and attempted to steal ceiling fans. A1 was present but evidence did not prove her involvement in conspiracy or attempt to steal beyond reasonable doubt. All accused acquitted on causing unlawful damage due to reasonable doubt as to who caused the damage.

Citation
[2022] GHACC 96
Parties
Prosecution: The Republic; Accused: Linda Gyamfi; Accused: Collins Appiah; Accused: Isaac Mensah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 November 2022
Procedural Posture
Criminal / Judgment
Outcome
A1 acquitted on conspiracy, causing unlawful damage, and attempt to steal; convicted on unlawful entry. A2 and A3 convicted on conspiracy, unlawful entry, and attempt to steal; acquitted on causing unlawful damage.
Legal Topics
Conspiracy, Stealing, Unlawful Entry, Causing Unlawful Damage, Attempt to Commit Crime
Source Language
English
Criminal Law Conspiracy Stealing Unlawful Entry Causing Unlawful Damage Attempt to Commit Crime

Case Brief

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Parties

The Republic

Prosecution

Linda Gyamfi

Accused

Collins Appiah

Accused

Isaac Mensah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to commit stealing
  2. 2 Whether the accused persons caused unlawful damage
  3. 3 Whether the accused persons unlawfully entered the premises

Ratio Decidendi

A2 and A3 conspired and acted together with a common purpose to steal, unlawfully entered the premises, and attempted to steal ceiling fans. A1 was present but evidence did not prove her involvement in conspiracy or attempt to steal beyond reasonable doubt. All accused acquitted on causing unlawful damage due to reasonable doubt as to who caused the damage.

Court Disposition

A1 acquitted on conspiracy, causing unlawful damage, and attempt to steal; convicted on unlawful entry. A2 and A3 convicted on conspiracy, unlawful entry, and attempt to steal; acquitted on causing unlawful damage.

Orders

  • A1 sentenced to a fine of 150 penalty units or 15 months imprisonment with hard labour for unlawful entry.
  • A2 sentenced to 30 months imprisonment for conspiracy, a fine of 150 penalty units or 15 months imprisonment for unlawful entry, and 30 months imprisonment for attempt to steal, all sentences to run concurrently.