REPUBLIC VRS MEFE (B1/23/22) [2021] GHACC 6 (8 September 2021)

REPUBLIC VRS MEFE (B1/23/22) [2021] GHACC 6 (8 September 2021)

The accused persons were found together on the River Ankobra with a dredge machine, admitted to being small scale miners without a license, and their explanations were not credible. The prosecution proved beyond reasonable doubt that they engaged in illegal mining and conspired to do so.

Citation
[2021] GHACC 6
Parties
Prosecution: The Republic; Accused: Sampson Mefe; Accused: Eric Betua; Accused: Nkubi Francis; Accused: Timothy Kumordja; Accused: Larbi Evans
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
8 September 2021
Case Number
B1/23/22
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentencing of all accused persons on both counts.
Legal Topics
Conspiracy, Illegal Mining, Burden of Proof, Sentencing
Source Language
English
Criminal Law Mining Law Environmental Law Conspiracy Illegal Mining Burden of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Sampson Mefe

Accused

Eric Betua

Accused

Nkubi Francis

Accused

Timothy Kumordja

Accused

Larbi Evans

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons engaged in illegal mining without a license
  2. 2 Whether the accused persons conspired to commit illegal mining

Ratio Decidendi

The accused persons were found together on the River Ankobra with a dredge machine, admitted to being small scale miners without a license, and their explanations were not credible. The prosecution proved beyond reasonable doubt that they engaged in illegal mining and conspired to do so.

Court Disposition

Conviction and sentencing of all accused persons on both counts.

Orders

  • Each accused sentenced to 5 years imprisonment on Count 1 (conspiracy).
  • Each accused sentenced to 10,000 penalty units or in default 5 years imprisonment plus 15 years imprisonment in hard labour on Count 2 (illegal mining).