REPUBLIC VRS YIN (UE/BG/CT/B1/68/2022.) [2023] GHACC 1174 (18 September 2023)

REPUBLIC VRS YIN (UE/BG/CT/B1/68/2022.) [2023] GHACC 1174 (18 September 2023)

The accused persons acted together with a common purpose to cause damage to the complainant's property, and the prosecution proved counts one and two beyond reasonable doubt. There was insufficient evidence to convict on counts three and four.

Citation
[2023] GHACC 1174
Parties
Prosecution: The Republic; Accused: Samuel Yin; Accused: Job Gbandan; Accused: Bob Yin Sapak; Accused: Mbayel Yin
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
18 September 2023
Case Number
UE/BG/CT/B1/68/2022.
Procedural Posture
Criminal / Judgment
Outcome
conviction on counts one and two; acquittal on counts three and four; fines and compensation ordered
Legal Topics
Conspiracy, Causing Damage, Stealing, Burden of Proof
Source Language
English
Criminal Law Conspiracy Causing Damage Stealing Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Samuel Yin

Accused

Job Gbandan

Accused

Bob Yin Sapak

Accused

Mbayel Yin

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to cause damage to property
  2. 2 Whether the accused persons unlawfully caused damage to the complainant's car and vulcanizing shop
  3. 3 Whether the accused persons stole property from the complainant

Ratio Decidendi

The accused persons acted together with a common purpose to cause damage to the complainant's property, and the prosecution proved counts one and two beyond reasonable doubt. There was insufficient evidence to convict on counts three and four.

Court Disposition

conviction on counts one and two; acquittal on counts three and four; fines and compensation ordered

Orders

  • A1 to pay a fine of 550 penalty units or serve 3 years imprisonment on counts one and two concurrently
  • A2 to pay a fine of 600 penalty units or serve 4 years imprisonment on counts one and two concurrently