Republic Vrs Duah [2023] GHACC 427 (25 May 2023)
The prosecution failed to prove beyond reasonable doubt that the complainant owned the cocoa beans and that the accused dishonestly appropriated property not belonging to him. The accused's defence was reasonably probable, creating reasonable doubt as to his guilt.
- Citation
- [2023] GHACC 427
- Parties
- Prosecution: The Republic; Accused: Samuel Kwaku Duah
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 25 May 2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal
- Legal Topics
- Stealing, Burden of Proof, Ownership of Property
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Samuel Kwaku Duah
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused stole cocoa beans belonging to the complainant
- 2 Whether the prosecution proved ownership of the cocoa beans by the complainant beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the complainant owned the cocoa beans and that the accused dishonestly appropriated property not belonging to him. The accused's defence was reasonably probable, creating reasonable doubt as to his guilt.
Court Disposition
acquittal
Orders
- The accused is found not guilty and is acquitted.
Full Case Text
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