Republic Vrs Salim [2023] GHACC 299 (11 April 2023)

Republic Vrs Salim [2023] GHACC 299 (11 April 2023)

The accused admitted entering the complainant's house without consent and appropriating one coil of aluminium wire, which constitutes unlawful entry and stealing. The prosecution proved the essential ingredients of unlawful entry, stealing, and causing unlawful damage beyond reasonable doubt, though only one coil was proven stolen and damaged. The confession was validly obtained and admitted. Sentencing considered the accused's age, first offender status, and time spent in custody.

Citation
Republic Vrs Salim [2023] GHACC 299 (11 April 2023)
Parties
Prosecution: The Republic; Accused: Hakman Salim; Complainant: Francis Bennie
Court
ghacc
Jurisdiction
Ghana
Judgment Date
11 April 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Unlawful Entry, Stealing, Causing Unlawful Damage, Burden of Proof, Sentencing
Source Language
eng
Criminal Law Unlawful Entry Stealing Causing Unlawful Damage Burden of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Hakman Salim

Accused

Francis Bennie

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully entered the complainant's premises
  2. 2 Whether the accused stole aluminium wire belonging to the complainant
  3. 3 Whether the accused caused unlawful damage to the wire

Ratio Decidendi

The accused admitted entering the complainant's house without consent and appropriating one coil of aluminium wire, which constitutes unlawful entry and stealing. The prosecution proved the essential ingredients of unlawful entry, stealing, and causing unlawful damage beyond reasonable doubt, though only one coil was proven stolen and damaged. The confession was validly obtained and admitted. Sentencing considered the accused's age, first offender status, and time spent in custody.

Court Disposition

conviction

Orders

  • Four months' imprisonment in hard labour on count 1 (unlawful entry)
  • Four months' imprisonment in hard labour on count 2 (stealing)