REPUBLIC VRS SARPONG (D9/27/2023) [2023] GHACC 749 (13 October 2023)

REPUBLIC VRS SARPONG (D9/27/2023) [2023] GHACC 749 (13 October 2023)

The prosecution failed to prove beyond reasonable doubt that the accused unlawfully entered the premises with intent to steal, caused unlawful damage, or stole electrical cables. The only direct witness to the alleged acts was not called to testify, and the evidence presented was insufficient to link the accused to the offences. The accused's explanation for his presence was reasonably probable and uncontradicted.

Citation
[2023] GHACC 749
Parties
Prosecution: The Republic; Accused: Abraham Effeh Sarpong
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
13 October 2023
Case Number
D9/27/2023
Procedural Posture
Criminal / Judgment
Outcome
acquittal
Legal Topics
Unlawful Entry, Causing Unlawful Damage, Stealing, Burden of Proof, Material Witness
Source Language
English
Criminal Law Unlawful Entry Causing Unlawful Damage Stealing Burden of Proof Material Witness

Case Brief

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Parties

The Republic

Prosecution

Abraham Effeh Sarpong

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully entered the premises with intent to commit a crime
  2. 2 Whether the accused caused unlawful damage to property
  3. 3 Whether the accused stole electrical cables

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused unlawfully entered the premises with intent to steal, caused unlawful damage, or stole electrical cables. The only direct witness to the alleged acts was not called to testify, and the evidence presented was insufficient to link the accused to the offences. The accused's explanation for his presence was reasonably probable and uncontradicted.

Court Disposition

acquittal

Orders

  • The accused is acquitted on all counts.