REPUBLIC VRS WISDOM OSABUTEY (D7/13/22) [2023] GHACC 872 (4 July 2023)

REPUBLIC VRS WISDOM OSABUTEY (D7/13/22) [2023] GHACC 872 (4 July 2023)

Prosecution failed to provide any material or relevant evidence linking the accused to the offence of dishonestly receiving; none of the witnesses implicated the accused or established the essential elements of the charge.

Citation
[2023] GHACC 872
Parties
Prosecution: The Republic; Accused: Wisdom Osabutey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
4 July 2023
Case Number
D7/13/22
Procedural Posture
Criminal / Ruling on Case to Answer at Close of Prosecution's Case
Outcome
Acquittal and discharge
Legal Topics
Dishonestly Receiving, Burden of Proof, Standard of Proof, Acquittal
Source Language
English
Criminal Law Dishonestly Receiving Burden of Proof Standard of Proof Acquittal

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Parties

The Republic

Prosecution

Wisdom Osabutey

Accused

Procedural Posture

Criminal / Ruling on Case to Answer at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of dishonestly receiving against the accused

Ratio Decidendi

Prosecution failed to provide any material or relevant evidence linking the accused to the offence of dishonestly receiving; none of the witnesses implicated the accused or established the essential elements of the charge.

Court Disposition

Acquittal and discharge

Orders

  • Accused is acquitted and discharged.