ODEI VRS. SARPONG (A2/33/19) [2023] GHADC 1314 (3 October 2023)
The prosecution failed to prove the essential ingredients of unlawful entry and stealing beyond reasonable doubt. The evidence was circumstantial, based on suspicion, and did not exclude other reasonable explanations. The accused's explanation regarding the television was corroborated by the investigator. Suspicion alone cannot sustain a conviction.
- Citation
- [2023] GHADC 1314
- Parties
- Prosecution: The Republic; Accused: Oppong Boateng
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 3 October 2023
- Case Number
- A2/33/19
- Procedural Posture
- Criminal / Judgment
- Outcome
- Acquittal and discharge
- Legal Topics
- Unlawful Entry, Stealing, Burden of Proof, Presumption of Innocence, Standard of Proof, Circumstantial Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Oppong Boateng
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused unlawfully entered the complainant's room and stole a television
- 2 Whether the prosecution proved the charges beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove the essential ingredients of unlawful entry and stealing beyond reasonable doubt. The evidence was circumstantial, based on suspicion, and did not exclude other reasonable explanations. The accused's explanation regarding the television was corroborated by the investigator. Suspicion alone cannot sustain a conviction.
Court Disposition
Acquittal and discharge
Orders
- Accused person is acquitted and discharged on both counts.
Full Case Text
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