Republic Vrs Justice Dzivor & 2 Ors. [2022] GHACC 215 (8 December 2022)

Republic Vrs Justice Dzivor & 2 Ors. [2022] GHACC 215 (8 December 2022)

The court found that the 1st and 2nd accused persons acted together with a common purpose, unlawfully entered the premises, caused damage, and dishonestly appropriated items, as evidenced by their possession of the stolen goods, contradictory statements, and lack of credible explanation. The 3rd accused was acquitted due to lack of evidence linking him to the crime.

Citation
[2022] GHACC 215
Parties
Prosecution: The Republic; Accused: Justice Dzivor; Accused: Frank Addo; Accused: Yao Teffutor
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
8 December 2022
Procedural Posture
Criminal / Judgment
Outcome
1st and 2nd accused convicted and sentenced; 3rd accused acquitted and discharged
Legal Topics
Conspiracy, Stealing, Unlawful Entry, Causing Unlawful Damage, Burden of Proof, Circumstantial Evidence
Source Language
English
Criminal Law Conspiracy Stealing Unlawful Entry Causing Unlawful Damage Burden of Proof Circumstantial Evidence

Case Brief

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Parties

The Republic

Prosecution

Justice Dzivor

Accused

Frank Addo

Accused

Yao Teffutor

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons agreed or acted together with a common purpose to commit the offence
  2. 2 Whether the accused persons caused damage to the foreign security door
  3. 3 Whether the accused persons unlawfully entered the room

Ratio Decidendi

The court found that the 1st and 2nd accused persons acted together with a common purpose, unlawfully entered the premises, caused damage, and dishonestly appropriated items, as evidenced by their possession of the stolen goods, contradictory statements, and lack of credible explanation. The 3rd accused was acquitted due to lack of evidence linking him to the crime.

Court Disposition

1st and 2nd accused convicted and sentenced; 3rd accused acquitted and discharged

Orders

  • 1st and 2nd accused sentenced to five years imprisonment in hard labour each for conspiracy (Count One)
  • 1st accused sentenced to five years imprisonment in hard labour for causing unlawful damage (Count Two)