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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the accused unlawfully entered the complainant's premises
- 2 Whether the accused stole the items listed
- 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.
Full Case Text
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