Republic Vrs Kwame Sam [2022] GHACC 100 (30 December 2022)

Republic Vrs Kwame Sam [2022] GHACC 100 (30 December 2022)

The prosecution proved beyond reasonable doubt that the accused appropriated machines belonging to the complainant without consent and that the appropriation was dishonest, satisfying the elements of stealing under section 124(1) of Act 29.

Citation
[2022] GHACC 100
Parties
Prosecution: The Republic; Accused: Kwame Sam
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 December 2022
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

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Parties

The Republic

Prosecution

Kwame Sam

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused appropriated the complainant's machines without consent
  2. 2 Whether the appropriation was dishonest under section 120(1) of Act 29

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused appropriated machines belonging to the complainant without consent and that the appropriation was dishonest, satisfying the elements of stealing under section 124(1) of Act 29.

Court Disposition

conviction and sentence

Orders

  • Accused convicted of stealing and sentenced to four years imprisonment with hard labour.
  • Bench warrant and warrant of commitment to issue; sentence to commence from date of arrest.