REPUBLIC VRS BUDALI & ANOTHER (B7/25/23) [2024] GHADC 102 (8 April 2024)

REPUBLIC VRS BUDALI & ANOTHER (B7/25/23) [2024] GHADC 102 (8 April 2024)

The prosecution proved beyond reasonable doubt that A2 conspired with A1 to steal 2 packets of electrodes, as evidenced by their coordinated actions and A2's inconsistent statements regarding his knowledge of A1.

Citation
REPUBLIC VRS BUDALI & ANOTHER (B7/25/23) [2024] GHADC 102 (8 April 2024)
Parties
Prosecution: The Republic; Accused: Emmanuel Budali; Accused: Barihama Tamin
Court
ghadc
Jurisdiction
Ghana
Judgment Date
8 April 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Conspiracy, Stealing, Burden of Proof, Sentencing
Source Language
eng
Criminal Law Conspiracy Stealing Burden of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Emmanuel Budali

Accused

Barihama Tamin

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether A2 conspired with A1 to commit stealing
  2. 2 Whether A2 is guilty of stealing under Act 29

Ratio Decidendi

The prosecution proved beyond reasonable doubt that A2 conspired with A1 to steal 2 packets of electrodes, as evidenced by their coordinated actions and A2's inconsistent statements regarding his knowledge of A1.

Court Disposition

conviction and sentence

Orders

  • A2 sentenced to 14 months imprisonment in hard labour
  • Registrar to return the 2 electrodes to Nut for Growth Company Limited