The Republic Vrs Messack [2023] GHADC 163 (30 March 2023)

The Republic Vrs Messack [2023] GHADC 163 (30 March 2023)

The prosecution established beyond reasonable doubt that the accused appropriated the complainant's goat without consent and did so dishonestly, satisfying all elements of the offence of stealing under section 124(1) of Act 29.

Citation
[2023] GHADC 163
Parties
Prosecution: The Republic; Accused: Gyamfi Messack
Court
District Court
Jurisdiction
Ghana
Judgment Date
30 March 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Stealing, Burden of Proof, Dishonest Appropriation
Source Language
English
Criminal Law Stealing Burden of Proof Dishonest Appropriation

Case Brief

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Parties

The Republic

Prosecution

Gyamfi Messack

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused appropriated the goat mentioned in the charge sheet
  2. 2 Whether the goat belonged to the accused
  3. 3 Whether the appropriation was done dishonestly

Ratio Decidendi

The prosecution established beyond reasonable doubt that the accused appropriated the complainant's goat without consent and did so dishonestly, satisfying all elements of the offence of stealing under section 124(1) of Act 29.

Court Disposition

conviction and sentence

Orders

  • The accused is found guilty of stealing and convicted accordingly.
  • The accused is sentenced to twelve (12) months imprisonment in hard labour.