The Republic Vrs Tsani [2022] GHACC 102 (20 October 2022)

The Republic Vrs Tsani [2022] GHACC 102 (20 October 2022)

The accused failed to provide credible evidence or a satisfactory account of ownership of the animals, and was contradicted by his step-mother, justifying the presumption of dishonest receiving under Section 148(1) of Act 29/60.

Citation
[2022] GHACC 102
Parties
Prosecution: The Republic; Accused: Mawuli Tsani; Complainant: Stephen Konda; Complainant: Kondo
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
20 October 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Possession of Stolen Property, Burden of Proof, Dishonest Receiving
Source Language
English
Criminal Law Possession of Stolen Property Burden of Proof Dishonest Receiving

Case Brief

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Parties

The Republic

Prosecution

Mawuli Tsani

Accused

Stephen Konda

Complainant

Kondo

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused dishonestly received and possessed stolen animals contrary to Section 148(1) of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The accused failed to provide credible evidence or a satisfactory account of ownership of the animals, and was contradicted by his step-mother, justifying the presumption of dishonest receiving under Section 148(1) of Act 29/60.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to three years imprisonment.
  • The two rams and billy goat to be sold by the Court Registrar in conjunction with the Prosecution and proceeds deposited in the consolidated fund.