Republic Vrs Ebenezer Yamson [2023] GHACC 317 (22 June 2023)

Republic Vrs Ebenezer Yamson [2023] GHACC 317 (22 June 2023)

The accused appropriated the complainants' money without their consent to use it for his own purposes, absconded, and failed to return the funds, thus meeting all elements of stealing under section 124(1) of the Criminal and Other Offences Act, 1960 (Act 29).

Citation
[2023] GHACC 317
Parties
Prosecution: The Republic; Accused: Ebenezer Yamson
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
22 June 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Stealing, Dishonest Appropriation, Mobile Money Fraud
Source Language
English
Criminal Law Stealing Dishonest Appropriation Mobile Money Fraud

Case Brief

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Parties

The Republic

Prosecution

Ebenezer Yamson

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused dishonestly appropriated the complainants' money without consent
  2. 2 Whether the accused's actions constitute stealing under section 124(1) of the Criminal and Other Offences Act, 1960 (Act 29)

Ratio Decidendi

The accused appropriated the complainants' money without their consent to use it for his own purposes, absconded, and failed to return the funds, thus meeting all elements of stealing under section 124(1) of the Criminal and Other Offences Act, 1960 (Act 29).

Court Disposition

conviction and sentence

Orders

  • Accused convicted of stealing on both counts
  • Accused sentenced to pay a fine of 500 penalty units or in default 90 days imprisonment with hard labour on each count, sentences to run concurrently