Republic Vrs Asefuah [2023] GHADC 550 (16 June 2023)

Republic Vrs Asefuah [2023] GHADC 550 (16 June 2023)

The prosecution failed to prove beyond reasonable doubt that the accused unlawfully damaged the door, entered the premises, and stole the items. However, the evidence established that the accused assisted in the disposal of the stolen fridge, amounting to dishonestly receiving.

Citation
[2023] GHADC 550
Parties
Prosecution: The Republic; Accused: Kofi Asefuah
Court
District Court
Jurisdiction
Ghana
Judgment Date
16 June 2023
Procedural Posture
Criminal / Judgment
Outcome
convicted of dishonestly receiving, acquitted on other counts
Legal Topics
Stealing, Unlawful Entry, Unlawful Damage, Dishonestly Receiving
Source Language
English
Criminal Law Stealing Unlawful Entry Unlawful Damage Dishonestly Receiving

Case Brief

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Parties

The Republic

Prosecution

Kofi Asefuah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully damaged property, entered premises, and stole items belonging to Moree Senior High Technical School
  2. 2 Whether the accused was guilty of dishonestly receiving stolen property

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused unlawfully damaged the door, entered the premises, and stole the items. However, the evidence established that the accused assisted in the disposal of the stolen fridge, amounting to dishonestly receiving.

Court Disposition

convicted of dishonestly receiving, acquitted on other counts

Orders

  • Accused sentenced to one day's imprisonment
  • Accused to enter into a bond to be of good behaviour for 12 months, in default to serve 12 months imprisonment