REPUBLIC VRS ALHASSAN (B7/23/23) [2024] GHADC 104 (18 March 2024)
The accused admitted to receiving and selling the complainant's 33 bags of soya beans without consent, failed to return the goods or proceeds, and breached the trust reposed in him. The prosecution proved all elements of stealing and fraudulent breach of trust beyond reasonable doubt. The accused is found guilty on both counts.
- Citation
- REPUBLIC VRS ALHASSAN (B7/23/23) [2024] GHADC 104 (18 March 2024)
- Parties
- Prosecution: The Republic; Accused: Haruna Alhassan
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 18 March 2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction and sentence
- Legal Topics
- Stealing, Fraudulent Breach of Trust, Burden of Proof, Sentencing
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Haruna Alhassan
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused is guilty of stealing under section 124(1) of Act 29
- 2 Whether the accused is guilty of fraudulent breach of trust under section 128 of Act 29
- 3 Whether prosecution proved its case beyond reasonable doubt
Ratio Decidendi
The accused admitted to receiving and selling the complainant's 33 bags of soya beans without consent, failed to return the goods or proceeds, and breached the trust reposed in him. The prosecution proved all elements of stealing and fraudulent breach of trust beyond reasonable doubt. The accused is found guilty on both counts.
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
Full Case Text
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