S v Owusu (806/23) [2025] GHADC 109 (30 April 2025)

S v Owusu (806/23) [2025] GHADC 109 (30 April 2025)

The accused received GH¢10,000 into his account, withdrew it, and failed to hand it over to the rightful owner, thereby dishonestly appropriating property not his own. The prosecution proved all elements of stealing beyond reasonable doubt, and the accused failed to raise reasonable doubt or provide credible evidence for his defense.

Citation
[2025] GHADC 109
Parties
Prosecution: The Republic; Accused: Ernest Owusu
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 April 2025
Case Number
806/23
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Stealing, Dishonest Appropriation, Burden of Proof
Source Language
English
Criminal Law Stealing Dishonest Appropriation Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Ernest Owusu

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused dishonestly appropriated GH¢10,000 deposited into his account, constituting stealing under section 124(1) of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The accused received GH¢10,000 into his account, withdrew it, and failed to hand it over to the rightful owner, thereby dishonestly appropriating property not his own. The prosecution proved all elements of stealing beyond reasonable doubt, and the accused failed to raise reasonable doubt or provide credible evidence for his defense.

Court Disposition

Conviction and sentence

Orders

  • The accused is convicted of stealing and sentenced to two months imprisonment.
  • Acknowledgment that GH¢6,000 has been retrieved (GH¢1,000 from accused, GH¢5,000 from his mother).