S v Musah (B7/061/24) [2025] GHADC 168 (29 April 2025)

The prosecution failed to prove beyond reasonable doubt the charges of causing unlawful damage and unlawful entry, but proved the charge of stealing as the accused could not provide evidence of lawful ownership or purchase of the fabricated iron rod pillars.

Citation: [2025] GHADC 168
Parties: Prosecution: The Republic; Accused: Abdulai Musah
Court: District Court
Jurisdiction: Ghana
Judgment Date: 29 April 2025
Case Number: B7/061/24
Procedural Posture: Criminal / Judgment
Outcome: Convicted on stealing; acquitted and discharged on causing unlawful damage and unlawful entry.
Legal Topics: Causing Unlawful Damage, Unlawful Entry, Stealing, Burden of Proof
Source Language: English

Criminal Law Causing Unlawful Damage Unlawful Entry Stealing Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Abdulai Musah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused caused unlawful damage contrary to Section 172(1)(b) of the Criminal Offences Act, 1960 (Act 29)
2 Whether the accused committed unlawful entry contrary to Section 152 of the Criminal Offences Act, 1960 (Act 29)
3 Whether the accused stole fabricated iron rod pillars contrary to Section 124(1) of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

Court Disposition

Convicted on stealing; acquitted and discharged on causing unlawful damage and unlawful entry.

Orders

Accused found not guilty on Counts 1 and 2 (causing unlawful damage and unlawful entry) and acquitted and discharged.
Accused found guilty on Count 3 (stealing) and convicted.