The Republic Vrs Ndabiah [2023] GHADC 150 (8 June 2023)

The Republic Vrs Ndabiah [2023] GHADC 150 (8 June 2023)

The prosecution established beyond reasonable doubt that the accused was not the owner of the mobile phones, appropriated them, and did so dishonestly, thus satisfying all elements of the offence of stealing under section 124(1) of Act 29.

Citation
[2023] GHADC 150
Parties
Prosecution: The Republic; Accused: Francis Ndabiah alias Awah
Court
District Court
Jurisdiction
Ghana
Judgment Date
8 June 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and custodial 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

Francis Ndabiah alias Awah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused stole the mobile phones contrary to section 124(1) of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution established beyond reasonable doubt that the accused was not the owner of the mobile phones, appropriated them, and did so dishonestly, thus satisfying all elements of the offence of stealing under section 124(1) of Act 29.

Court Disposition

conviction and custodial sentence

Orders

  • Accused sentenced to 12 months imprisonment with hard labour with no option of a fine.
  • Mobile phones retrieved to be returned to the complainant immediately.