The Republic Vrs Asante [2022] GHADC 125 (6 December 2022)

The Republic Vrs Asante [2022] GHADC 125 (6 December 2022)

The prosecution failed to adduce sufficient admissible evidence to establish the essential elements of unlawful entry and stealing, and did not make out a prima facie case against the accused to require him to open his defence.

Citation
[2022] GHADC 125
Parties
Prosecution: The Republic; Accused: Gilbert Asante
Court
District Court
Jurisdiction
Ghana
Judgment Date
6 December 2022
Procedural Posture
Criminal / Judgment After Prosecution's Case
Outcome
acquittal and discharge
Legal Topics
Unlawful Entry, Stealing, Standard of Proof, Circumstantial Evidence, Prima Facie Case
Source Language
English
Criminal Law Unlawful Entry Stealing Standard of Proof Circumstantial Evidence Prima Facie Case

Case Brief

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Parties

The Republic

Prosecution

Gilbert Asante

Accused

Procedural Posture

Criminal / Judgment After Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution proved unlawful entry against the accused
  2. 2 Whether the prosecution proved stealing against the accused
  3. 3 Whether a prima facie case was made to require the accused to open his defence

Ratio Decidendi

The prosecution failed to adduce sufficient admissible evidence to establish the essential elements of unlawful entry and stealing, and did not make out a prima facie case against the accused to require him to open his defence.

Court Disposition

acquittal and discharge

Orders

  • The accused is acquitted and discharged.