Republic Vrs Kofi Adu @ Otegah & Anor. [2022] GHACC 173 (1 December 2022)

Republic Vrs Kofi Adu @ Otegah & Anor. [2022] GHACC 173 (1 December 2022)

A2 dishonestly appropriated the complainant's vehicle without consent and failed to return it, satisfying the elements of stealing. There was no evidence of conspiracy or fraudulent breach of trust by A1.

Citation
[2022] GHACC 173
Parties
Prosecution: The Republic; Accused: Kofi Adu @ Otegah; Accused: Ernest Obeng @ Kweku
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
1 December 2022
Procedural Posture
Criminal / Judgment
Outcome
A2 convicted of stealing and sentenced to three years imprisonment in hard labour; A1 acquitted of all charges; both acquitted of conspiracy.
Legal Topics
Stealing, Conspiracy, Fraudulent Breach of Trust
Source Language
English
Criminal Law Stealing Conspiracy Fraudulent Breach of Trust

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Parties

The Republic

Prosecution

Kofi Adu @ Otegah

Accused

Ernest Obeng @ Kweku

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons conspired to commit stealing
  2. 2 Whether the accused persons committed stealing
  3. 3 Whether there was a fraudulent breach of trust

Ratio Decidendi

A2 dishonestly appropriated the complainant's vehicle without consent and failed to return it, satisfying the elements of stealing. There was no evidence of conspiracy or fraudulent breach of trust by A1.

Court Disposition

A2 convicted of stealing and sentenced to three years imprisonment in hard labour; A1 acquitted of all charges; both acquitted of conspiracy.

Orders

  • A2 to return/give the car to the complainant