Republic Vrs Yawuza @ Makaveli [2022] GHACC 124 (31 October 2022)

The accused took the complainant's phone without consent, with dishonest intent, and failed to raise reasonable doubt as to his guilt; all elements of stealing were proved beyond reasonable doubt.

Citation: [2022] GHACC 124
Parties: Prosecution: The Republic; Accused: Abdul Shakuu Yawuza @ Makaveli
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 31 October 2022
Procedural Posture: Criminal / Judgment
Outcome: conviction and sentence
Legal Topics: Stealing, Burden of Proof, Juvenile Justice, Sentencing
Source Language: English

Criminal Law Stealing Burden of Proof Juvenile Justice Sentencing

Case Brief

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Parties

The Republic

Prosecution

Abdul Shakuu Yawuza @ Makaveli

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused dishonestly appropriated property belonging to another, constituting stealing under section 124(1) of the Criminal Offences Act 1960, Act 29.

Ratio Decidendi

The accused took the complainant's phone without consent, with dishonest intent, and failed to raise reasonable doubt as to his guilt; all elements of stealing were proved beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

Accused found guilty of stealing contrary to section 124(1) of Act 29.
Accused sentenced to six months detention at the Senior Correctional Centre in Accra or any other Senior Correctional Centre pursuant to section 46(3) of the Juvenile Justice Act 2003, Act 653.