S v Agyapong (B3/21/23) [2025] GHADC 177 (16 June 2025)

S v Agyapong (B3/21/23) [2025] GHADC 177 (16 June 2025)

The prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with unlawful harm, as the evidence showed the accused acted to protect his property. However, the prosecution proved beyond reasonable doubt that the accused stole three chairs from the complainant's school premises, as corroborated by witness testimony and the accused's own admissions.

Citation
[2025] GHADC 177
Parties
Prosecution: The Republic; Accused: Kwesi Agyapong; Complainant: Rhoda Appiah Mensah
Court
District Court
Jurisdiction
Ghana
Judgment Date
16 June 2025
Case Number
B3/21/23
Procedural Posture
Criminal / Judgment
Outcome
Acquitted on Count 1 (Threat of Harm); Convicted on Count 2 (Stealing)
Legal Topics
Threat of Harm, Stealing, Burden of Proof, Standard of Proof, Sentencing
Source Language
English
Criminal Law Threat of Harm Stealing Burden of Proof Standard of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Kwesi Agyapong

Accused

Rhoda Appiah Mensah

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused threatened the complainant with unlawful harm contrary to Section 74 of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused stole items from the complainant's school premises contrary to Section 124(1) of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with unlawful harm, as the evidence showed the accused acted to protect his property. However, the prosecution proved beyond reasonable doubt that the accused stole three chairs from the complainant's school premises, as corroborated by witness testimony and the accused's own admissions.

Court Disposition

Acquitted on Count 1 (Threat of Harm); Convicted on Count 2 (Stealing)

Orders

  • Accused acquitted and discharged on Count 1 (Threat of Harm)
  • Accused convicted on Count 2 (Stealing) for three chairs