The Republic Vrs Cudjoe [2022] GHADC 131 (29 November 2022)

The Republic Vrs Cudjoe [2022] GHADC 131 (29 November 2022)

The prosecution failed to establish a prima facie case on both counts as the evidence did not link the accused to the offences of unlawful entry and stealing; thus, the accused was acquitted and discharged without being required to make a defence.

Citation
[2022] GHADC 131
Parties
Prosecution: The Republic; Accused: Emmanuel Cudjoe alias Junior
Court
District Court
Jurisdiction
Ghana
Judgment Date
29 November 2022
Procedural Posture
Criminal / Judgment After Close of Prosecution's Case (no Case to Answer)
Outcome
acquittal and discharge
Legal Topics
Unlawful Entry, Stealing, Prima Facie Case, Acquittal, Burden of Proof
Source Language
English
Criminal Law Unlawful Entry Stealing Prima Facie Case Acquittal Burden of Proof

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Parties

The Republic

Prosecution

Emmanuel Cudjoe alias Junior

Accused

Procedural Posture

Criminal / Judgment After Close of Prosecution's Case (no Case to Answer)

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of unlawful entry against the accused
  2. 2 Whether the prosecution established a prima facie case of stealing against the accused

Ratio Decidendi

The prosecution failed to establish a prima facie case on both counts as the evidence did not link the accused to the offences of unlawful entry and stealing; thus, the accused was acquitted and discharged without being required to make a defence.

Court Disposition

acquittal and discharge

Orders

  • The accused is acquitted and discharged on both counts.