REPUBLIC VRS ALHASSAN (B7/4/23) [2024] GHADC 98 (15 February 2024)

REPUBLIC VRS ALHASSAN (B7/4/23) [2024] GHADC 98 (15 February 2024)

The accused admitted in his caution statement that he did not deposit the money in the safe and could not account for its whereabouts. The prosecution proved beyond reasonable doubt that the accused appropriated the sum of GHS18,649.00 dishonestly, satisfying all elements of the offence of stealing under Act 29.

Citation
REPUBLIC VRS ALHASSAN (B7/4/23) [2024] GHADC 98 (15 February 2024)
Parties
Prosecution: The Republic; Accused: Alhassan Abdul Fattah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
15 February 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Stealing, Burden of Proof, Confession, Sentencing, Compensation
Source Language
eng
Criminal Law Stealing Burden of Proof Confession Sentencing Compensation

Case Brief

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Parties

The Republic

Prosecution

Alhassan Abdul Fattah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused dishonestly appropriated cash belonging to GAB Energy Filling Station
  2. 2 Whether the prosecution proved the offence of stealing beyond reasonable doubt

Ratio Decidendi

The accused admitted in his caution statement that he did not deposit the money in the safe and could not account for its whereabouts. The prosecution proved beyond reasonable doubt that the accused appropriated the sum of GHS18,649.00 dishonestly, satisfying all elements of the offence of stealing under Act 29.

Court Disposition

conviction and sentence

Orders

  • Accused to pay a fine of 500 penalty units (GHS6,000.00)
  • Accused to serve a jail term of nine (9) months IHL