The Republic Vrs Moahmmed Jonathan [2023] GHADC 21 (5 January 2023)

The Republic Vrs Moahmmed Jonathan [2023] GHADC 21 (5 January 2023)

The offence of stealing is not a serious offence under the Juvenile Justice Act, and the presence of the Juvenile's father and uncle, who undertook to supervise him, made a custodial sentence unnecessary. The Juvenile is released on probation to his father for one year, with the father to give security for good behavior.

Citation
[2023] GHADC 21
Parties
Prosecutor: The Republic; Juvenile/accused: Mohammed Jonathan
Court
District Court
Jurisdiction
Ghana
Judgment Date
5 January 2023
Procedural Posture
Criminal (juvenile) / Sentencing
Outcome
Juvenile released on probation to his father for one year; father to give security for good behavior.
Legal Topics
Stealing, Dishonestly Receiving, Sentencing of Juveniles, Probation, Correctional Orders
Source Language
English
Criminal Law Juvenile Justice Stealing Dishonestly Receiving Sentencing of Juveniles Probation Correctional Orders

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Parties

The Republic

Prosecutor

Mohammed Jonathan

Juvenile/accused

Procedural Posture

Criminal (juvenile) / Sentencing

Legal Issues

  1. 1 Appropriate sentence for a juvenile convicted of stealing
  2. 2 Whether custodial or non-custodial sentence is warranted for the offence committed

Ratio Decidendi

The offence of stealing is not a serious offence under the Juvenile Justice Act, and the presence of the Juvenile's father and uncle, who undertook to supervise him, made a custodial sentence unnecessary. The Juvenile is released on probation to his father for one year, with the father to give security for good behavior.

Court Disposition

Juvenile released on probation to his father for one year; father to give security for good behavior.

Orders

  • The Juvenile is released on probation to his father for one year.
  • The Juvenile's father is ordered to give security for the good behavior of the Juvenile.