REPUBLIC VRS MANDELA (D2/008/24) [2024] GHACC 64 (19 February 2024)

REPUBLIC VRS MANDELA (D2/008/24) [2024] GHACC 64 (19 February 2024)

The prosecution proved beyond reasonable doubt that the first and second accused persons conspired and stole the complainant's bag containing a pistol and Samsung mobile phone, and that the third accused person dishonestly received the stolen phone. The prosecution failed to prove abetment against the third accused person.

Citation
REPUBLIC VRS MANDELA (D2/008/24) [2024] GHACC 64 (19 February 2024)
Parties
Prosecution: The Republic; 1st Accused: Adu Appiah Mandela [Alias Akoko]; 2nd Accused: Nelson Moh-Klu [Alias Ayigbe]; 3rd Accused: Kofi Razak Kpentie; 4th Accused: Alhaji Bawa
Court
ghacc
Jurisdiction
Ghana
Judgment Date
19 February 2024
Procedural Posture
Criminal / Final Judgment
Outcome
Conviction and sentencing of first, second, and third accused persons; acquittal of third accused on abetment charge; restitution order issued.
Legal Topics
Conspiracy, Stealing, Abetment, Dishonestly Receiving, Sentencing, Restitution
Source Language
eng
Criminal Law Conspiracy Stealing Abetment Dishonestly Receiving Sentencing Restitution

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Parties

The Republic

Prosecution

Adu Appiah Mandela [Alias Akoko]

1st Accused

Nelson Moh-Klu [Alias Ayigbe]

2nd Accused

Kofi Razak Kpentie

3rd Accused

Alhaji Bawa

4th Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the first and second accused persons agreed to act together with common purpose to commit stealing
  2. 2 Whether the first and second accused persons dishonestly appropriated specified items belonging to Kwaku Mingle
  3. 3 Whether the third accused person aided and abetted the first and second accused persons to commit stealing

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the first and second accused persons conspired and stole the complainant's bag containing a pistol and Samsung mobile phone, and that the third accused person dishonestly received the stolen phone. The prosecution failed to prove abetment against the third accused person.

Court Disposition

Conviction and sentencing of first, second, and third accused persons; acquittal of third accused on abetment charge; restitution order issued.

Orders

  • First and second accused persons sentenced to 48 months imprisonment in hard labour each for conspiracy and stealing, plus a fine of 250 penalty units each (default: 12 months imprisonment); sentences to run concurrently.
  • Third accused person acquitted and discharged on abetment charge.