Republic Vrs Adolph Tetteh Adjei [2022] GHACC 186 (3 November 2022)

Republic Vrs Adolph Tetteh Adjei [2022] GHACC 186 (3 November 2022)

The prosecution failed to establish a prima facie case against the accused as there was no direct or sufficiently compelling circumstantial evidence linking him to the unlawful damage. Mere suspicion and threats were insufficient to require the accused to open his defence.

Citation
[2022] GHACC 186
Parties
Prosecution: The Republic; Accused: Adolph Tetteh Adjei
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 November 2022
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Acquittal and discharge
Legal Topics
Unlawful Damage, Burden of Proof, Circumstantial Evidence, Submission of No Case
Source Language
English
Criminal Law Unlawful Damage Burden of Proof Circumstantial Evidence Submission of No Case

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Parties

The Republic

Prosecution

Adolph Tetteh Adjei

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the accused caused unlawful damage to the complainant's fence wall
  2. 2 Whether circumstantial evidence adduced was sufficient to require the accused to open his defence

Ratio Decidendi

The prosecution failed to establish a prima facie case against the accused as there was no direct or sufficiently compelling circumstantial evidence linking him to the unlawful damage. Mere suspicion and threats were insufficient to require the accused to open his defence.

Court Disposition

Acquittal and discharge

Orders

  • The accused person is acquitted and discharged.