Republic Vrs Nyarko and Others [2023] GHADC 401 (15 February 2023)

Republic Vrs Nyarko and Others [2023] GHADC 401 (15 February 2023)

A1 was not the owner of the stolen items, dishonestly appropriated and sold them, evidence proved beyond reasonable doubt; alibi defence failed due to lack of substantiation; A1 accessed the salon by damaging the window, thus guilty of both stealing and causing unlawful damage.

Citation
Republic Vrs Nyarko and Others [2023] GHADC 401 (15 February 2023)
Parties
Prosecution: The Republic; Accused: Kofi Nyarko alias Sankara; Accused: Akua Benewaa; Accused: Philomina Sakyi; Complainant: Esther Gyasi
Court
ghadc
Jurisdiction
Ghana
Judgment Date
15 February 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Stealing, Causing Unlawful Damage, Dishonestly Receiving, Burden of Proof, Alibi
Source Language
eng
Criminal Law Stealing Causing Unlawful Damage Dishonestly Receiving Burden of Proof Alibi

Case Brief

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Parties

The Republic

Prosecution

Kofi Nyarko alias Sankara

Accused

Akua Benewaa

Accused

Philomina Sakyi

Accused

Esther Gyasi

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether A1 committed stealing under section 124(1) of Act 29
  2. 2 Whether A1 caused unlawful damage under section 172 of Act 29
  3. 3 Whether A1's alibi defence is substantiated

Ratio Decidendi

A1 was not the owner of the stolen items, dishonestly appropriated and sold them, evidence proved beyond reasonable doubt; alibi defence failed due to lack of substantiation; A1 accessed the salon by damaging the window, thus guilty of both stealing and causing unlawful damage.

Court Disposition

conviction

Orders

  • A1 to pay a fine of 200 penalty units or serve 1 year imprisonment in default for stealing.
  • A1 to pay a fine of 50 penalty units or serve 2 months imprisonment in default for causing unlawful damage.