REPUBLIC VRS YAW (C7/62/2023) [2023] GHACC 725 (3 August 2023)

REPUBLIC VRS YAW (C7/62/2023) [2023] GHACC 725 (3 August 2023)

The court found that the prosecution proved beyond reasonable doubt that the accused dishonestly appropriated five smart phones belonging to the complainant, as evidenced by the recovery of the phones from the vehicle the accused boarded and his own admission in the cautioned statement. The prosecution failed to prove the second count due to lack of evidence.

Citation
[2023] GHACC 725
Parties
Prosecution: The Republic; Accused: Emmanuel Nana Yaw; Complainant: Joshua Sam
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 August 2023
Case Number
C7/62/2023
Procedural Posture
Criminal / Judgment
Outcome
Convicted on count one, acquitted and discharged on count two
Legal Topics
Stealing, Burden of Proof, Elements of Theft, Sentencing
Source Language
English
Criminal Law Stealing Burden of Proof Elements of Theft Sentencing

Case Brief

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Parties

The Republic

Prosecution

Emmanuel Nana Yaw

Accused

Joshua Sam

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused stole five smart phones from the complainant’s shop valued at GH¢6,788.00 on 1/2/23
  2. 2 Whether the accused stole twelve smart phones and twenty keypad phones from the complainant’s shop valued at GH¢18,212.00 on the same date

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused dishonestly appropriated five smart phones belonging to the complainant, as evidenced by the recovery of the phones from the vehicle the accused boarded and his own admission in the cautioned statement. The prosecution failed to prove the second count due to lack of evidence.

Court Disposition

Convicted on count one, acquitted and discharged on count two

Orders

  • Accused sentenced to pay a fine of two hundred (200) penalty units to the Republic of Ghana or in default serve six (6) months imprisonment with hard labour