Republic Vrs. Senah (304/2020 Republic Vrs. Senah) [2023] GHADC 1274 (31 March 2023)

Republic Vrs. Senah (304/2020 Republic Vrs. Senah) [2023] GHADC 1274 (31 March 2023)

The accused was found in possession of the stolen vehicle and phone the day after the theft, failed to provide a satisfactory explanation, and the prosecution led credible evidence on all elements of stealing. The doctrine of recent possession applies, requiring the accused to explain his possession. The prosecution has made a prima facie case, so the accused must open his defence.

Citation
Republic Vrs. Senah (304/2020 Republic Vrs. Senah) [2023] GHADC 1274 (31 March 2023)
Parties
Prosecution: The Republic; Accused: Edward Senah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
31 March 2023
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
submission of no case dismissed
Legal Topics
Stealing, Submission of No Case, Recent Possession, Burden of Proof
Source Language
eng
Criminal Law Stealing Submission of No Case Recent Possession Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Edward Senah

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has made a prima facie case of stealing against the accused to require him to open his defence
  2. 2 Whether the doctrine of recent possession applies to the accused's possession of the stolen items

Ratio Decidendi

The accused was found in possession of the stolen vehicle and phone the day after the theft, failed to provide a satisfactory explanation, and the prosecution led credible evidence on all elements of stealing. The doctrine of recent possession applies, requiring the accused to explain his possession. The prosecution has made a prima facie case, so the accused must open his defence.

Court Disposition

submission of no case dismissed

Orders

  • accused to open his defence if he so wishes