The Republic Vrs Ndabiah and Another [2023] GHADC 148 (8 June 2023)

The prosecution proved beyond reasonable doubt that the accused was not the owner, appropriated, and dishonestly took the motorbike, satisfying all elements of the offence of stealing.

Citation: [2023] GHADC 148
Parties: Prosecution: The Republic; Accused: Francis Ndabiah alias Awah; Co Accused: Isaac Blay
Court: District Court
Jurisdiction: Ghana
Judgment Date: 8 June 2023
Procedural Posture: Criminal / Judgment
Outcome: conviction and sentence
Legal Topics: Stealing, Dishonestly Receiving, Burden of Proof, Sentencing
Source Language: English

Criminal Law Stealing Dishonestly Receiving Burden of Proof Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecution

Francis Ndabiah alias Awah

Accused

Isaac Blay

Co Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether the accused stole the unregistered Royal motorbike
2 Whether the prosecution proved the elements of stealing beyond reasonable doubt

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused was not the owner, appropriated, and dishonestly took the motorbike, satisfying all elements of the offence of stealing.

Court Disposition

conviction and sentence

Orders

Accused sentenced to 24 months imprisonment in hard labour with no option of a fine
Prosecution to return the retrieved unregistered Royal motorbike to complainant forthwith