REPUBLIC VRS ALHASSAN [2024] GHADC 103 (18 March 2024)

REPUBLIC VRS ALHASSAN [2024] GHADC 103 (18 March 2024)

The accused admitted receiving and selling the complainant's 33 bags of soya beans without consent, failed to account for the 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's confession and conduct established guilt under sections 124(1) and 128 of Act 29.

Citation
REPUBLIC VRS ALHASSAN [2024] GHADC 103 (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
Legal Topics
Stealing, Fraudulent Breach of Trust, Burden of Proof, Sentencing
Source Language
eng
Criminal Law Stealing Fraudulent Breach of Trust Burden of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Haruna Alhassan

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of stealing under section 124(1) of Act 29
  2. 2 Whether the accused is guilty of fraudulent breach of trust under section 128 of Act 29
  3. 3 Whether prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The accused admitted receiving and selling the complainant's 33 bags of soya beans without consent, failed to account for the 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's confession and conduct established guilt under sections 124(1) and 128 of Act 29.

Court Disposition

conviction

Orders

  • Accused to pay a fine of 500 penalty units (GHS6,000.00) and serve a jail term of nine (9) months.
  • Failure to pay the fine results in an additional three (3) months imprisonment.