The Republic Vrs Abubakar [2022] GHADC 259 (4 November 2022)

The Republic Vrs Abubakar [2022] GHADC 259 (4 November 2022)

The prosecution proved beyond reasonable doubt that the accused dishonestly appropriated the motorbike and intentionally and unlawfully caused damage to it. The accused failed to provide credible evidence of lawful purchase or ownership.

Citation
[2022] GHADC 259
Parties
Prosecution: The Republic; Accused: Abdul Wahab Abubakar; Complainant: Bertha Yahaya
Court
District Court
Jurisdiction
Ghana
Judgment Date
4 November 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Stealing, Unlawful Damage, Burden of Proof, Sentencing
Source Language
English
Criminal Law Stealing Unlawful Damage Burden of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Abdul Wahab Abubakar

Accused

Bertha Yahaya

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused stole the complainant's motorbike
  2. 2 Whether the accused intentionally and unlawfully caused damage to the motorbike

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused dishonestly appropriated the motorbike and intentionally and unlawfully caused damage to it. The accused failed to provide credible evidence of lawful purchase or ownership.

Court Disposition

conviction and sentence

Orders

  • Accused convicted of stealing and causing unlawful damage.
  • Accused fined 100 penalty units (GHS1,200.00) on count 1 or 4 months imprisonment in default.