REPUBLIC VRS BUDALI & ANOTHER (B7/25/23) [2024] GHADC 372 (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 and the events, satisfying the elements of conspiracy and stealing under Act 29.

Citation: REPUBLIC VRS BUDALI & ANOTHER (B7/25/23) [2024] GHADC 372 (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 on charges of conspiracy to commit crime to wit: stealing and stealing, contrary to sections 23(1) and 124(1) of Act 29.
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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Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 4

Parties

The Republic

Prosecution

Emmanuel Budali

Accused

Barihama Tamin

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

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

Ratio Decidendi

Court Disposition

A2 found guilty on charges of conspiracy to commit crime to wit: stealing and stealing, contrary to sections 23(1) and 124(1) of Act 29.

Orders

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