Republic Vrs Ahiataku and Another [2023] GHACC 243 (1 February 2023)

Republic Vrs Ahiataku and Another [2023] GHACC 243 (1 February 2023)

First accused not proven to have stolen GH₵565,209 but guilty of appropriating GH₵12,000 for rent. Second accused admitted misappropriation of GH₵139,000 and found guilty of stealing; not guilty of money laundering due to charge under repealed statute.

Citation
Republic Vrs Ahiataku and Another [2023] GHACC 243 (1 February 2023)
Parties
Prosecution: The Republic; First Accused: Richmond Ahiataku; Second Accused: Kwesi Kuntu Arhin
Court
ghacc
Jurisdiction
Ghana
Judgment Date
1 February 2023
Procedural Posture
Criminal / Judgment
Outcome
first accused guilty on counts 1 and 2 (GH₵12,000); second accused guilty on counts 1 and 2 (GH₵139,000); second accused acquitted on money laundering and other counts
Legal Topics
Stealing, Falsification of Accounts, Money Laundering
Source Language
eng
Criminal Law Stealing Falsification of Accounts Money Laundering

Case Brief

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Parties

The Republic

Prosecution

Richmond Ahiataku

First Accused

Kwesi Kuntu Arhin

Second Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 whether accused persons dishonestly appropriated company funds
  2. 2 whether accused persons falsified accounts
  3. 3 whether second accused committed money laundering

Ratio Decidendi

First accused not proven to have stolen GH₵565,209 but guilty of appropriating GH₵12,000 for rent. Second accused admitted misappropriation of GH₵139,000 and found guilty of stealing; not guilty of money laundering due to charge under repealed statute.

Court Disposition

first accused guilty on counts 1 and 2 (GH₵12,000); second accused guilty on counts 1 and 2 (GH₵139,000); second accused acquitted on money laundering and other counts

Orders

  • first accused to pay fine of 200 penalty units or 6 months prison; also 6 months prison custody
  • second accused to pay fine of 500 penalty units or 2 years prison; also 3 years prison custody