REPUBLIC VRS EBENEZER ADJETEY ANNAN & ANOR (D4/132/2020) [2022] GHACC 364 (14 December 2022)

REPUBLIC VRS EBENEZER ADJETEY ANNAN & ANOR (D4/132/2020) [2022] GHACC 364 (14 December 2022)

The prosecution failed to prove beyond reasonable doubt that A1 stole the drinks or that A2 dishonestly received them. There was no direct evidence, credible witness testimony, or CCTV footage linking the accused to the offences. The evidence presented was circumstantial, contradictory, and left reasonable doubt as to the guilt of the accused. The accused are entitled to acquittal.

Citation
[2022] GHACC 364
Parties
Prosecution: The Republic; Accused: Ebenezer Adjetey Annang; Accused: Solomon Lamptey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
14 December 2022
Case Number
D4/132/2020
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Stealing, Dishonestly Receiving, Burden of Proof, Evidence, Acquittal
Source Language
English
Criminal Law Stealing Dishonestly Receiving Burden of Proof Evidence Acquittal

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Parties

The Republic

Prosecution

Ebenezer Adjetey Annang

Accused

Solomon Lamptey

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved the offence of stealing against A1 beyond reasonable doubt
  2. 2 Whether the prosecution proved the offence of dishonestly receiving against A2 beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that A1 stole the drinks or that A2 dishonestly received them. There was no direct evidence, credible witness testimony, or CCTV footage linking the accused to the offences. The evidence presented was circumstantial, contradictory, and left reasonable doubt as to the guilt of the accused. The accused are entitled to acquittal.

Court Disposition

acquittal

Orders

  • Both accused persons are found not guilty and acquitted.