Republic Vrs Eric Mensah [2023] GHACC 181 (18 April 2023)

Republic Vrs Eric Mensah [2023] GHACC 181 (18 April 2023)

The prosecution failed to prove the essential ingredients of the charge of stealing against the accused person; the evidence was unreliable and discredited, and no prima facie case was made out to require the accused to open his defence.

Citation
Republic Vrs Eric Mensah [2023] GHACC 181 (18 April 2023)
Parties
Prosecution: The Republic; Accused: Eric Mensah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
18 April 2023
Procedural Posture
Criminal / Ruling on Submission of No Case
Outcome
acquittal and discharge
Legal Topics
Stealing, Submission of No Case, Prima Facie Case, Burden of Proof
Source Language
eng
Criminal Law Stealing Submission of No Case Prima Facie Case Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Eric Mensah

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case

Legal Issues

  1. 1 Whether the prosecution has led sufficient evidence to require the accused to open his defence on a charge of stealing

Ratio Decidendi

The prosecution failed to prove the essential ingredients of the charge of stealing against the accused person; the evidence was unreliable and discredited, and no prima facie case was made out to require the accused to open his defence.

Court Disposition

acquittal and discharge

Orders

  • The submission of no case is upheld.
  • The accused person is acquitted and discharged.