REPUBLIC VRS ATTAH - MENSAH (B7/41/22) [2023] GHADC 1207 (11 December 2023)
The prosecution failed to prove beyond reasonable doubt that the accused knew the television was stolen at the time she received it; the accused's explanation raised reasonable doubt as to her mens rea.
- Citation
- [2023] GHADC 1207
- Parties
- Prosecution: Republic; Accused: Stella Attah-Mensah
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 11 December 2023
- Case Number
- B7/41/22
- Procedural Posture
- Criminal / Judgment
- Outcome
- Acquittal and discharge
- Legal Topics
- Dishonestly Receiving, Burden of Proof, Mens Rea, Actus Reus
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Republic
Prosecution
Stella Attah-Mensah
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused dishonestly received stolen property contrary to section 146(1) of the Criminal Offences Act 1960 (Act 29)
- 2 Whether the prosecution proved beyond reasonable doubt that the accused knew the property was stolen at the time of receipt
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused knew the television was stolen at the time she received it; the accused's explanation raised reasonable doubt as to her mens rea.
Court Disposition
Acquittal and discharge
Orders
- The accused is acquitted and discharged.
- The television set retrieved from the accused person is to be returned to the complainant forthwith.
Full Case Text
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