REPUBLIC VRS. BOAHENE (WR/TK/DC2/B8/01/23) [2024] GHADC 526 (27 November 2024)

REPUBLIC VRS. BOAHENE (WR/TK/DC2/B8/01/23) [2024] GHADC 526 (27 November 2024)

The prosecution failed to prove beyond reasonable doubt that the accused forged the official documents or had the requisite intent to deceive, as evidence showed he was not the importer nor responsible for the customs documentation or duty payment.

Citation
REPUBLIC VRS. BOAHENE (WR/TK/DC2/B8/01/23) [2024] GHADC 526 (27 November 2024)
Parties
Prosecution: The Republic; Accused: Ebenezer Boahene
Court
ghadc
Jurisdiction
Ghana
Judgment Date
27 November 2024
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
acquittal and discharge
Legal Topics
Forgery, Official Documents, Burden of Proof, Acquittal
Source Language
eng
Criminal Law Forgery Official Documents Burden of Proof Acquittal

Case Brief

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Parties

The Republic

Prosecution

Ebenezer Boahene

Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused forged official documents contrary to section 158 of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the prosecution proved beyond reasonable doubt that the accused had the intention to deceive or defraud by using forged documents

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused forged the official documents or had the requisite intent to deceive, as evidence showed he was not the importer nor responsible for the customs documentation or duty payment.

Court Disposition

acquittal and discharge

Orders

  • The accused is acquitted and discharged of the offence of Forgery of Official Document contrary to section 158 of Act 29.