Republic Vrs Alhassan Addul Razak [2022] GHACC 283 (7 November 2022)

Republic Vrs Alhassan Addul Razak [2022] GHACC 283 (7 November 2022)

Section 112(1) of Act 30/60 does not require that facts not forming part of the particulars of the offence be struck out from the charge sheet. The prosecution is entitled to present all facts relevant to the case, and it is their burden to prove the offence. The accused's fair trial rights are not violated by the inclusion of such facts.

Citation
[2022] GHACC 283
Parties
Prosecution: The Republic; Accused: Alhassan Abdul Razak
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 November 2022
Procedural Posture
Criminal / Ruling on Preliminary Objection
Outcome
preliminary objection refused
Legal Topics
Stealing, Charge Particulars, Fair Trial Rights, Criminal Procedure
Source Language
English
Criminal Law Stealing Charge Particulars Fair Trial Rights Criminal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Republic

Prosecution

Alhassan Abdul Razak

Accused

Procedural Posture

Criminal / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the inclusion of facts not forming part of the particulars of the offence in the charge sheet violates Section 112(1) of Act 30/60 and the accused's right to a fair trial

Ratio Decidendi

Section 112(1) of Act 30/60 does not require that facts not forming part of the particulars of the offence be struck out from the charge sheet. The prosecution is entitled to present all facts relevant to the case, and it is their burden to prove the offence. The accused's fair trial rights are not violated by the inclusion of such facts.

Court Disposition

preliminary objection refused