REPUBLIC VRS NKANSAH & 6 ORS (B18/11/2022) [2024] GHACC 84 (30 January 2024)

REPUBLIC VRS NKANSAH & 6 ORS (B18/11/2022) [2024] GHACC 84 (30 January 2024)

The prosecution failed to prove beyond reasonable doubt that the accused persons were engaged in gaming in public as required by section 34(a) and (b) of the Gaming Act, 2006 (Act 721). The evidence did not establish that the accused were found playing cards or gambling at the scene, and the money was not proven to have been retrieved during the alleged act. Doubts in the prosecution's case were resolved in favour of the accused.

Citation
REPUBLIC VRS NKANSAH & 6 ORS (B18/11/2022) [2024] GHACC 84 (30 January 2024)
Parties
Prosecution: The Republic; Accused: Samuel Nkansah; Accused: Kwadwo Odei; Accused: Richmond Nyarko; Accused: Samuel Mensah; Accused: A5; Accused: A6; Accused: Birifa Kwasi Koranteng
Court
ghacc
Jurisdiction
Ghana
Judgment Date
30 January 2024
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Gaming in Public, Burden of Proof, Standard of Proof, Evidence, Acquittal
Source Language
eng
Criminal Law Gaming in Public Burden of Proof Standard of Proof Evidence Acquittal

Case Brief

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Parties

The Republic

Prosecution

Samuel Nkansah

Accused

Kwadwo Odei

Accused

Richmond Nyarko

Accused

Samuel Mensah

Accused

A5

Accused

A6

Accused

Birifa Kwasi Koranteng

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons were engaged in gaming in public contrary to section 34(a) and (b) of the Gaming Act, 2006 (Act 721)
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused persons were engaged in gaming in public as required by section 34(a) and (b) of the Gaming Act, 2006 (Act 721). The evidence did not establish that the accused were found playing cards or gambling at the scene, and the money was not proven to have been retrieved during the alleged act. Doubts in the prosecution's case were resolved in favour of the accused.

Court Disposition

acquittal and discharge

Orders

  • Accused persons are acquitted and discharged.
  • The sum of GH₵488.00 retrieved from the accused persons and in police custody is to be released to them forthwith.