REPUBLIC VRS KWAO (D4/149/2022) [2024] GHACC 166 (25 January 2024)
Accused appropriated company funds without consent or knowledge of management, used proceeds for personal gain, and failed to establish credible evidence of authorization, satisfying elements of stealing under Act 29.
- Citation
- REPUBLIC VRS KWAO (D4/149/2022) [2024] GHACC 166 (25 January 2024)
- Parties
- Prosecution: The Republic; Accused: Joshua Kwao
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 25 January 2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction
- Legal Topics
- Stealing, Dishonest Appropriation, Burden of Proof
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Joshua Kwao
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether accused dishonestly appropriated company funds amounting to GHC170,029.00
- 2 Whether accused's actions constituted stealing under section 124(1) of Act 29
Ratio Decidendi
Accused appropriated company funds without consent or knowledge of management, used proceeds for personal gain, and failed to establish credible evidence of authorization, satisfying elements of stealing under Act 29.
Court Disposition
conviction
Orders
- Accused sentenced to nine months imprisonment I.H.L.
- Accused ordered to refund GHC136,029 to complainant.
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