Republic Vrs Havilah Captain Manasseh & 2 Ors. [2022] GHACC 157 (27 October 2022)

Republic Vrs Havilah Captain Manasseh & 2 Ors. [2022] GHACC 157 (27 October 2022)

The accused admitted to unlawful entry and stealing, and the court found his evidence about the number of items taken credible. The prosecution proved the offences of unlawful entry and stealing beyond reasonable doubt. The court considered both aggravating and mitigating factors in sentencing.

Citation
[2022] GHACC 157
Parties
Prosecution: The Republic; Accused: Havilah Captain Manasseh; Accused: Frank Orakposim; Accused: Emmanuel Frimpong; Complainant: Pascal Abdulai Mohammed
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
27 October 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Unlawful Entry, Stealing, Dishonestly Receiving, Sentencing
Source Language
English

Case Brief

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Parties

The Republic

Prosecution

Havilah Captain Manasseh

Accused

Frank Orakposim

Accused

Emmanuel Frimpong

Accused

Pascal Abdulai Mohammed

Complainant

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused unlawfully entered the complainant's premises
  2. 2 Whether the accused stole the items listed
  3. 3 Whether the accused raised reasonable doubt as to the number of items stolen

Ratio Decidendi

The accused admitted to unlawful entry and stealing, and the court found his evidence about the number of items taken credible. The prosecution proved the offences of unlawful entry and stealing beyond reasonable doubt. The court considered both aggravating and mitigating factors in sentencing.

Court Disposition

conviction and sentence

Orders

  • The accused is convicted of unlawful entry and stealing.
  • Sentenced to 3 months imprisonment for unlawful entry and 6 months for stealing, to run concurrently.