REPUBLIC VRS ADOMAKO (D21/183/2021) [2024] GHACC 167 (12 February 2024)

REPUBLIC VRS ADOMAKO (D21/183/2021) [2024] GHACC 167 (12 February 2024)

Accused was found guilty of trespass, conspiracy to cause unlawful damage, causing unlawful damage, and conspiracy to commit assault based on evidence of unlawful entry, intentional damage to property not owned by accused, and indirect facilitation of assault by accused's workers. Prosecution failed to prove prohibition of activities of land guards and assault by accused beyond reasonable doubt.

Citation
REPUBLIC VRS ADOMAKO (D21/183/2021) [2024] GHACC 167 (12 February 2024)
Parties
Prosecution: The Republic; Accused: Kofi Adomako Mensah; Accused: Alhassan Shaibu; Accused: Abdul Razak; Accused: Richmond Asiedu; Complainant: Yaw Diabah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
12 February 2024
Procedural Posture
Criminal / Final Judgment
Outcome
Accused convicted on counts 3, 4, 5, and 6; acquitted and discharged on counts 1, 2, and 7.
Legal Topics
Conspiracy, Prohibition of Land Guards, Trespass, Unlawful Damage, Assault
Source Language
eng
Criminal Law Property Law Conspiracy Prohibition of Land Guards Trespass Unlawful Damage Assault

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Parties

The Republic

Prosecution

Kofi Adomako Mensah

Accused

Alhassan Shaibu

Accused

Abdul Razak

Accused

Richmond Asiedu

Accused

Yaw Diabah

Complainant

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether accused conspired to commit prohibition of activities of land guards
  2. 2 Whether accused committed prohibition of activities of land guards
  3. 3 Whether accused committed trespass

Ratio Decidendi

Accused was found guilty of trespass, conspiracy to cause unlawful damage, causing unlawful damage, and conspiracy to commit assault based on evidence of unlawful entry, intentional damage to property not owned by accused, and indirect facilitation of assault by accused's workers. Prosecution failed to prove prohibition of activities of land guards and assault by accused beyond reasonable doubt.

Court Disposition

Accused convicted on counts 3, 4, 5, and 6; acquitted and discharged on counts 1, 2, and 7.

Orders

  • Accused to pay maximum fine of 25 penalty units for trespass (count 3), in default one month imprisonment.
  • Accused sentenced to three months imprisonment for conspiracy to cause unlawful damage (count 4).