REPUBLIC VRS ASAMARE & 2 OTHERS (UE/BG/DC/B7/51/2022) [2025] GHADC 41 (19 February 2025)

REPUBLIC VRS ASAMARE & 2 OTHERS (UE/BG/DC/B7/51/2022) [2025] GHADC 41 (19 February 2025)

The 3rd accused person was found guilty of dishonestly receiving because he possessed and sold a stolen motor bike, failed to provide a credible explanation for its possession, and his statements were inconsistent and not credible. The prosecution proved the ingredients of the offence beyond reasonable doubt.

Citation
[2025] GHADC 41
Parties
Prosecution: The Republic; Accused: Anaba Asamare; Accused: Adongo Ananga; Accused: Atubiga Agongongo
Court
District Court
Jurisdiction
Ghana
Judgment Date
19 February 2025
Case Number
UE/BG/DC/B7/51/2022
Procedural Posture
Criminal / Judgment
Outcome
3rd accused convicted and sentenced; 1st and 2nd accused acquitted and discharged
Legal Topics
Dishonestly Receiving, Burden of Proof, Sentencing
Source Language
English
Criminal Law Dishonestly Receiving Burden of Proof Sentencing

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Parties

The Republic

Prosecution

Anaba Asamare

Accused

Adongo Ananga

Accused

Atubiga Agongongo

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons dishonestly received property knowing it was obtained by crime
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The 3rd accused person was found guilty of dishonestly receiving because he possessed and sold a stolen motor bike, failed to provide a credible explanation for its possession, and his statements were inconsistent and not credible. The prosecution proved the ingredients of the offence beyond reasonable doubt.

Court Disposition

3rd accused convicted and sentenced; 1st and 2nd accused acquitted and discharged

Orders

  • 3rd accused to pay a fine of four hundred (400) Penalty Units (GHC4,800.00) or in default serve six (6) months imprisonment with hard labour
  • Prosecution to ensure enforcement of the outstanding bench warrant