REPUBLIC VRS AVEDOR (CC/167/23) [2024] GHADC 301 (25 September 2024)

REPUBLIC VRS AVEDOR (CC/167/23) [2024] GHADC 301 (25 September 2024)

The prosecution failed to prove conspiracy to steal, causing unlawful damage, and unlawful entry beyond reasonable doubt, but proved stealing as the accused could not satisfactorily explain possession of stolen items.

Citation
REPUBLIC VRS AVEDOR (CC/167/23) [2024] GHADC 301 (25 September 2024)
Parties
Prosecution: The Republic; 1st Accused: Maxwell Avedor; 2nd Accused: Raymond Kudayah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
25 September 2024
Procedural Posture
Criminal / Judgment
Outcome
Conviction for stealing; acquittal on other charges
Legal Topics
Conspiracy to Steal, Causing Unlawful Damage, Unlawful Entry, Stealing, Burden of Proof
Source Language
eng
Criminal Law Conspiracy to Steal Causing Unlawful Damage Unlawful Entry Stealing Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Maxwell Avedor

1st Accused

Raymond Kudayah

2nd Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved its case beyond reasonable doubt
  2. 2 Whether the accused persons are guilty of conspiracy to steal, causing unlawful damage, unlawful entry, and stealing

Ratio Decidendi

The prosecution failed to prove conspiracy to steal, causing unlawful damage, and unlawful entry beyond reasonable doubt, but proved stealing as the accused could not satisfactorily explain possession of stolen items.

Court Disposition

Conviction for stealing; acquittal on other charges

Orders

  • Accused persons acquitted and discharged of conspiracy to steal, causing damage, and unlawful entry.
  • Maxwell Avedor sentenced to 36 months imprisonment with hard labour.