The Republic Vrs Twum [2023] GHADC 112 (17 April 2023)

The Republic Vrs Twum [2023] GHADC 112 (17 April 2023)

The accused was found guilty because he intentionally and unlawfully destroyed economic trees on land he could not prove ownership of, and his evidence of ownership was found to be contradictory and unreliable. The prosecution proved all elements of the offence beyond a reasonable doubt.

Citation
[2023] GHADC 112
Parties
Prosecution: The Republic; Accused: Amponsah George Twum
Court
District Court
Jurisdiction
Ghana
Judgment Date
17 April 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Unlawful Damage, Burden of Proof, Ownership of Land, Sentencing
Source Language
English
Criminal Law Property Law Unlawful Damage Burden of Proof Ownership of Land Sentencing

Case Brief

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Parties

The Republic

Prosecution

Amponsah George Twum

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused intentionally and unlawfully caused damage to property belonging to the complainant
  2. 2 Whether the accused had a lawful right to the land on which the trees were destroyed

Ratio Decidendi

The accused was found guilty because he intentionally and unlawfully destroyed economic trees on land he could not prove ownership of, and his evidence of ownership was found to be contradictory and unreliable. The prosecution proved all elements of the offence beyond a reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused to refund GH¢8,300 to the complainant as compensation for destroyed economic trees.
  • Accused sentenced to a fine of GH¢2,000 or, in default, two months imprisonment with hard labour.