Republic Vrs Nicholas Sowah & 2 Ors. [2022] GHADC 279 (10 October 2022)

Republic Vrs Nicholas Sowah & 2 Ors. [2022] GHADC 279 (10 October 2022)

The 2nd accused admitted buying cables from the 1st accused at a price far below market value, failed to provide a credible explanation for their possession or disposal, and the evidence established he knew or ought to have known the cables were stolen. His defence was not credible or reasonably probable, and the prosecution proved the charge of dishonestly receiving beyond reasonable doubt.

Citation
[2022] GHADC 279
Parties
Prosecution: The Republic; 1st Accused: Nicholas Sowah; 2nd Accused: Abdul Wahab Mohammed; 3rd Accused: Samuel Addico
Court
District Court
Jurisdiction
Ghana
Judgment Date
10 October 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Stealing, Dishonestly Receiving, Burden of Proof, Standard of Proof, Evidence
Source Language
English
Criminal Law Stealing Dishonestly Receiving Burden of Proof Standard of Proof Evidence

Case Brief

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Parties

The Republic

Prosecution

Nicholas Sowah

1st Accused

Abdul Wahab Mohammed

2nd Accused

Samuel Addico

3rd Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the 2nd accused person dishonestly received electrical cables valued at GH¢21,782.00, property of Stella Mahama, knowing them to have been obtained by stealing

Ratio Decidendi

The 2nd accused admitted buying cables from the 1st accused at a price far below market value, failed to provide a credible explanation for their possession or disposal, and the evidence established he knew or ought to have known the cables were stolen. His defence was not credible or reasonably probable, and the prosecution proved the charge of dishonestly receiving beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • 2nd accused convicted of dishonestly receiving
  • Sentenced to 12 months imprisonment in hard labour