THE REPBULIC VRS JAFARU OSMAN (D1/14/19) [2023] GHACC 881 (31 July 2023)

THE REPBULIC VRS JAFARU OSMAN (D1/14/19) [2023] GHACC 881 (31 July 2023)

The accused, a herdsman, breached the trust placed in him by stealing and selling cattle entrusted to his care. He pleaded guilty, is a first-time offender, and most cattle were recovered. However, the value of the loss is high and the offence is prevalent, warranting a custodial sentence to deter similar conduct.

Citation
[2023] GHACC 881
Parties
Prosecution: The Republic; Accused: Jafaru Osman; Complainant: Musah Morde
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
31 July 2023
Case Number
D1/14/19
Procedural Posture
Criminal / Judgment After Guilty Plea
Outcome
conviction and sentence on guilty plea
Legal Topics
Stealing, Sentencing, Cattle Theft, Mitigation and Aggravation
Source Language
English
Criminal Law Stealing Sentencing Cattle Theft Mitigation and Aggravation

Case Brief

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Parties

The Republic

Prosecution

Jafaru Osman

Accused

Musah Morde

Complainant

Procedural Posture

Criminal / Judgment After Guilty Plea

Legal Issues

  1. 1 Whether the accused stole ten cattle valued at Ghs 85,000
  2. 2 Appropriate sentence for the offence of stealing by a herdsman

Ratio Decidendi

The accused, a herdsman, breached the trust placed in him by stealing and selling cattle entrusted to his care. He pleaded guilty, is a first-time offender, and most cattle were recovered. However, the value of the loss is high and the offence is prevalent, warranting a custodial sentence to deter similar conduct.

Court Disposition

conviction and sentence on guilty plea

Orders

  • Eighteen (18) months imprisonment for the accused.
  • Accused to enter into a self-recognizance bond to keep the peace and be of good behavior for six months after release; in default, serve one month imprisonment.