Republic Vrs Yawuza @ Makaveli [2022] GHACC 190 (31 October 2022)

Republic Vrs Yawuza @ Makaveli [2022] GHACC 190 (31 October 2022)

The accused dishonestly appropriated a mobile phone not belonging to him without consent, with intent not to return it, and the prosecution proved all elements of stealing beyond reasonable doubt. The accused's explanation was not reasonably probable.

Citation
[2022] GHACC 190
Parties
Prosecution: The Republic; Accused: Abdul Shakuu Yawuza @ Makaveli
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
31 October 2022
Procedural Posture
Criminal / Judgment
Outcome
convicted and sentenced
Legal Topics
Stealing, Burden of Proof, Sentencing, Juvenile Justice
Source Language
English
Criminal Law Stealing Burden of Proof Sentencing Juvenile Justice

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Parties

The Republic

Prosecution

Abdul Shakuu Yawuza @ Makaveli

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused dishonestly appropriated property not belonging to him, constituting stealing under section 124(1) of the Criminal Offences Act 1960, Act 29.
  2. 2 Whether the prosecution proved its case beyond reasonable doubt.

Ratio Decidendi

The accused dishonestly appropriated a mobile phone not belonging to him without consent, with intent not to return it, and the prosecution proved all elements of stealing beyond reasonable doubt. The accused's explanation was not reasonably probable.

Court Disposition

convicted and sentenced

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.