REPUBLIC VRS BUDALI & ANOTHER (B7/25/23) [2024] GHADC 376 (8 April 2024)

REPUBLIC VRS BUDALI & ANOTHER (B7/25/23) [2024] GHADC 376 (8 April 2024)

Prosecution proved beyond reasonable doubt that A2 conspired with A1 and participated in stealing the electrodes, based on evidence of joint action, inconsistent defence, and corroborated witness testimony.

Citation
REPUBLIC VRS BUDALI & ANOTHER (B7/25/23) [2024] GHADC 376 (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
A2 found guilty of conspiracy to commit crime to wit: stealing and stealing; convicted and sentenced.
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

Prosecution proved beyond reasonable doubt that A2 conspired with A1 and participated in stealing the electrodes, based on evidence of joint action, inconsistent defence, and corroborated witness testimony.

Court Disposition

A2 found guilty of conspiracy to commit crime to wit: stealing and stealing; convicted and sentenced.

Orders

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