REPUBLIC VRS MANDELA & 3 OTHERS (D2/008/2024) [2024] GHACC 30 (19 February 2024)

REPUBLIC VRS MANDELA & 3 OTHERS (D2/008/2024) [2024] GHACC 30 (19 February 2024)

The prosecution proved beyond reasonable doubt that the first and second accused persons conspired and committed stealing, and that the third accused person dishonestly received stolen property. The prosecution failed to prove abetment against the third accused person.

Citation
REPUBLIC VRS MANDELA & 3 OTHERS (D2/008/2024) [2024] GHACC 30 (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 [At Large]
Court
ghacc
Jurisdiction
Ghana
Judgment Date
19 February 2024
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentencing for counts 1, 2, and 4; acquittal for count 3
Legal Topics
Conspiracy, Stealing, Abetment, Dishonestly Receiving, Sentencing, Restitution
Source Language
eng
Criminal Law Conspiracy Stealing Abetment Dishonestly Receiving Sentencing Restitution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 12 Party arguments 2 Amounts and remedies 9
Sign in to unlock

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 [At Large]

4th Accused

Procedural Posture

Criminal / 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 committed stealing, and that the third accused person dishonestly received stolen property. The prosecution failed to prove abetment against the third accused person.

Court Disposition

Conviction and sentencing for counts 1, 2, and 4; acquittal for count 3

Orders

  • First and second accused persons sentenced to 48 months imprisonment each in hard labour for counts 1 and 2, plus a fine of 250 penalty units each; in default, 12 months imprisonment each
  • Third accused person acquitted and discharged on count 3