The Republic Vrs Ndabiah [2023] GHADC 80 (8 June 2023)

The Republic Vrs Ndabiah [2023] GHADC 80 (8 June 2023)

The prosecution proved beyond reasonable doubt that the accused, not being the owner, dishonestly appropriated the complainant's motorbike and sold it, satisfying all elements of the offence of stealing under section 124(1) of Act 29.

Citation
[2023] GHADC 80
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 Bajaj Boxer Motorbike contrary to section 124(1) of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused, not being the owner, dishonestly appropriated the complainant's motorbike and sold it, satisfying all elements of the offence of stealing under section 124(1) of Act 29.

Court Disposition

conviction and custodial sentence

Orders

  • Accused found guilty of stealing.
  • Accused sentenced to 24 months imprisonment in hard labour with no option of a fine.