REPUBLIC VRS CEPHAS BORTEY (D21/367/2023) [2023] GHACC 571 (19 May 2023)

REPUBLIC VRS CEPHAS BORTEY (D21/367/2023) [2023] GHACC 571 (19 May 2023)

The prosecution proved beyond reasonable doubt that the accused, together with others, used force to steal GH¢1,050 from the complainant and his mate, and the accused was properly identified as one of the perpetrators. The accused failed to raise any reasonable doubt or provide an alibi.

Citation
[2023] GHACC 571
Parties
Prosecution: The Republic; Accused: Cephas Bortey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
19 May 2023
Case Number
D21/367/2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Robbery, Burden of Proof, Identification Evidence
Source Language
English
Criminal Law Robbery Burden of Proof Identification Evidence

Case Brief

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Parties

The Republic

Prosecution

Cephas Bortey

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed robbery as defined under section 149 of the Criminal Offences Act, 1960, Act 29
  2. 2 Whether the prosecution proved its case beyond reasonable doubt
  3. 3 Whether the accused was properly identified as one of the robbers

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused, together with others, used force to steal GH¢1,050 from the complainant and his mate, and the accused was properly identified as one of the perpetrators. The accused failed to raise any reasonable doubt or provide an alibi.

Court Disposition

conviction and sentence

Orders

  • Accused convicted of robbery
  • Accused sentenced to ten years imprisonment with hard labour