Republic Vrs Lago [2022] GHADC 305 (23 November 2022)

Republic Vrs Lago [2022] GHADC 305 (23 November 2022)

The prosecution failed to prove beyond reasonable doubt that the accused dishonestly appropriated the sign posts with intent to defraud or cause economic loss to the complainants; however, the accused's conduct in removing the sign posts without waiting for police intervention constituted an act conducive to a breach of the peace, for which he was convicted and sentenced.

Citation
[2022] GHADC 305
Parties
Prosecution: The Republic; Accused: Kofi Lago
Court
District Court
Jurisdiction
Ghana
Judgment Date
23 November 2022
Procedural Posture
Criminal / Judgment
Outcome
Conviction for lesser offence; acquittal on main charge
Legal Topics
Stealing, Breach of the Peace, Burden of Proof
Source Language
English
Criminal Law Stealing Breach of the Peace Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Kofi Lago

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused stole the sign posts contrary to Section 124(1) of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused's actions constituted an act conducive to a breach of the peace

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused dishonestly appropriated the sign posts with intent to defraud or cause economic loss to the complainants; however, the accused's conduct in removing the sign posts without waiting for police intervention constituted an act conducive to a breach of the peace, for which he was convicted and sentenced.

Court Disposition

Conviction for lesser offence; acquittal on main charge

Orders

  • Accused acquitted and discharged on the charge of stealing
  • Accused convicted for the lesser offence of engaging in an act conducive to a breach of the peace contrary to section 207 of the Criminal Offences Act, 1960 (Act 29)