Republic Vrs Dennis Fiagbe [2023] GHACC 319 (22 June 2023)

Republic Vrs Dennis Fiagbe [2023] GHACC 319 (22 June 2023)

A prima facie case has been established against the accused based on his possession of the stolen vehicle, his inability to provide a satisfactory account, and the evidence presented by the prosecution, thus requiring the accused to open his defence.

Source-derived case information.

Citation
[2023] GHACC 319
Parties
Prosecution: Republic; Accused: Dennis Fiagbe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
22 June 2023
Procedural Posture
Criminal / Ruling on Case to Answer (prima Facie)
Outcome
accused has a case to answer; called to open defence
Legal Topics
Possession of Stolen Property, Burden of Proof, Prima Facie Case
Source Language
english
Criminal Law Possession of Stolen Property Burden of Proof Prima Facie Case

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Parties

Republic

Prosecution

Dennis Fiagbe

Accused

Procedural Posture

Criminal / Ruling on Case to Answer (prima Facie)

Legal Issues

  1. 1 Whether the accused was in possession of stolen property contrary to section 148 of the Criminal and Other Offences Act, 1960 (Act 29)
  2. 2 Whether the prosecution established a prima facie case against the accused

Ratio Decidendi

A prima facie case has been established against the accused based on his possession of the stolen vehicle, his inability to provide a satisfactory account, and the evidence presented by the prosecution, thus requiring the accused to open his defence.

Court Disposition

accused has a case to answer; called to open defence