Republic Vrs Eshun and 3 Others (82/2023) [2023] GHACC 909 (26 October 2023)

Republic Vrs Eshun and 3 Others (82/2023) [2023] GHACC 909 (26 October 2023)

The prosecution failed to establish any credible evidence linking the accused persons to the offences of stealing, conspiracy to steal, or causing unlawful damage. Mere suspicion and the fact that the accused were on duty are insufficient to require them to make a defence.

Citation
[2023] GHACC 909
Parties
Prosecution: The Republic; Accused: Francis Eshun; Accused: Kojo Francis; Accused: Kwesi Kaya; Accused: Atia Kakra
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
26 October 2023
Case Number
82/2023
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
acquittal and discharge
Legal Topics
Theft, Conspiracy, Unlawful Damage, Standard of Proof, Submission of No Case
Source Language
English
Criminal Law Theft Conspiracy Unlawful Damage Standard of Proof Submission of No Case

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Republic

Prosecution

Francis Eshun

Accused

Kojo Francis

Accused

Kwesi Kaya

Accused

Atia Kakra

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of stealing, conspiracy to steal, and causing unlawful damage against the accused persons
  2. 2 Whether the accused persons should be required to make a defence

Ratio Decidendi

The prosecution failed to establish any credible evidence linking the accused persons to the offences of stealing, conspiracy to steal, or causing unlawful damage. Mere suspicion and the fact that the accused were on duty are insufficient to require them to make a defence.

Court Disposition

acquittal and discharge

Orders

  • The accused persons are acquitted and discharged.