Boateng v S (CR/0145/2025) [2025] GHAHC 99 (30 May 2025)

Boateng v S (CR/0145/2025) [2025] GHAHC 99 (30 May 2025)

The prosecution failed to establish the essential elements of the offence of stealing, particularly ownership and dishonest appropriation, and thus no prima facie case was made out. The trial judge erred in calling upon the appellant to open his defence.

Citation
[2025] GHAHC 99
Parties
Appellant: Stephen Boateng; Respondent: The Republic
Court
High Court
Jurisdiction
Ghana
Judgment Date
30 May 2025
Case Number
CR/0145/2025
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; acquittal and discharge entered
Legal Topics
Stealing, Submission of No Case, Prima Facie Case, Burden of Proof
Source Language
English
Criminal Law Stealing Submission of No Case Prima Facie Case Burden of Proof

Case Brief

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Parties

Stephen Boateng

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of stealing against the appellant
  2. 2 Whether the trial judge erred in calling upon the appellant to open his defence when a prima facie case had not been established

Ratio Decidendi

The prosecution failed to establish the essential elements of the offence of stealing, particularly ownership and dishonest appropriation, and thus no prima facie case was made out. The trial judge erred in calling upon the appellant to open his defence.

Court Disposition

appeal allowed; acquittal and discharge entered

Orders

  • The ruling of the trial court dated 14th November 2024 is set aside.
  • A verdict of acquittal and discharge is entered in favour of the appellant pursuant to section 173 of Act 30.