REPUBLIC VRS. GUIBIN AND OTHERS (CR 0622/2021) [2024] GHAHC 270 (23 April 2024)

REPUBLIC VRS. GUIBIN AND OTHERS (CR 0622/2021) [2024] GHAHC 270 (23 April 2024)

Prosecution failed to prove beyond reasonable doubt that A2 engaged in buying and selling minerals without a license; evidence did not establish A2's involvement. However, prosecution proved A2 remained in Ghana after expiration of his permit, constituting illegal stay under the Immigration Act.

Citation
REPUBLIC VRS. GUIBIN AND OTHERS (CR 0622/2021) [2024] GHAHC 270 (23 April 2024)
Parties
Prosecution: Republic; Accused: Chen Guibin; Accused: Lu Xianchu; Accused: Richard Gasu; Accused: Yao Zencheng; Accused: Cheng Chunrong; Accused: Xue Lianhua; Accused: Joshua Osei Badu
Court
ghahc
Jurisdiction
Ghana
Judgment Date
23 April 2024
Procedural Posture
Criminal / Judgment After Trial in Absentia Against A2 (lu Xianchu); Plea Agreements for Other Accused Adopted and Sentenced
Outcome
A2 acquitted on count of buying and selling minerals without a license; convicted on count of illegal stay after expiration of permit.
Legal Topics
Trial in Absentia, Burden of Proof, Illegal Stay, Operating Without License, Possession of Firearms
Source Language
eng
Criminal Law Immigration Law Mining Law Gaming Law Trial in Absentia Burden of Proof Illegal Stay Operating Without License +1 more

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Parties

Republic

Prosecution

Chen Guibin

Accused

Lu Xianchu

Accused

Richard Gasu

Accused

Yao Zencheng

Accused

Cheng Chunrong

Accused

Xue Lianhua

Accused

Joshua Osei Badu

Accused

Procedural Posture

Criminal / Judgment After Trial in Absentia Against A2 (lu Xianchu); Plea Agreements for Other Accused Adopted and Sentenced

Legal Issues

  1. 1 Whether A2 (Lu Xianchu) was guilty of buying and selling minerals without a license
  2. 2 Whether A2 remained in Ghana after expiration of permit

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that A2 engaged in buying and selling minerals without a license; evidence did not establish A2's involvement. However, prosecution proved A2 remained in Ghana after expiration of his permit, constituting illegal stay under the Immigration Act.

Court Disposition

A2 acquitted on count of buying and selling minerals without a license; convicted on count of illegal stay after expiration of permit.

Orders

  • A2 sentenced to five months imprisonment and a fine of three hundred penalty units, in default two months imprisonment.
  • Recommendation for removal of A2 from Ghana after sentence.