The Rep. Vrs Yaw Kemeh [2022] GHACC 62 (5 June 2022)

The Rep. Vrs Yaw Kemeh [2022] GHACC 62 (5 June 2022)

The accused, holding the crane in trust for Adanko Construction Company Ltd, appropriated and disposed of it without the owner's consent, constituting dishonest appropriation and fraudulent breach of trust under section 128 of Act 29. Prosecution proved the offence beyond reasonable doubt.

Citation
The Rep. Vrs Yaw Kemeh [2022] GHACC 62 (5 June 2022)
Parties
Prosecution: The Republic; Accused: Yaw Kemeh
Court
ghacc
Jurisdiction
Ghana
Judgment Date
5 June 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Fraudulent Breach of Trust, Dishonest Appropriation, Burden of Proof, Sentencing
Source Language
eng
Criminal Law Fraudulent Breach of Trust Dishonest Appropriation Burden of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Yaw Kemeh

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed fraudulent breach of trust under section 128 of Act 29 by dishonestly appropriating property entrusted to him as trustee.

Ratio Decidendi

The accused, holding the crane in trust for Adanko Construction Company Ltd, appropriated and disposed of it without the owner's consent, constituting dishonest appropriation and fraudulent breach of trust under section 128 of Act 29. Prosecution proved the offence beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused convicted of fraudulent breach of trust under section 128 of Act 29.
  • Accused sentenced to one day imprisonment and a fine of 100 penalty units, in default three months imprisonment.