The Republic Vrs Majeed [2022] GHADC 310 (17 September 2022)
The prosecution failed to prove beyond reasonable doubt that the motorbike was stolen or that the accused knew it was stolen before receiving or purchasing it. No complainant came forward, and the accused's explanation was not disproved.
- Citation
- [2022] GHADC 310
- Parties
- Prosecution: The Republic; Accused: Salifu Majeed
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 17 September 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal and discharge
- Legal Topics
- Dishonestly Receiving, Burden of Proof, Standard of Proof, Possession of Stolen Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Salifu Majeed
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the prosecution proved beyond reasonable doubt that the accused dishonestly received property knowing it was obtained by crime
- 2 Whether the accused had possession of stolen property and could not give a reasonable explanation
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the motorbike was stolen or that the accused knew it was stolen before receiving or purchasing it. No complainant came forward, and the accused's explanation was not disproved.
Court Disposition
acquittal and discharge
Orders
- The accused person is acquitted and discharged.
- The motorbike in evidence is to be given to the accused person.
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