Republic Vrs Isaac [2023] GHADC 483 (20 April 2023)
The prosecution failed to establish the identity of the accused beyond reasonable doubt, especially after the accused raised a defence of mistaken identity; therefore, the accused must be acquitted and discharged.
- Citation
- Republic Vrs Isaac [2023] GHADC 483 (20 April 2023)
- Parties
- Prosecution: The Republic; Accused: Fianko Isaac
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 20 April 2023
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal and discharge
- Legal Topics
- Unlawful Entry, Causing Unlawful Damage, Stealing, Mistaken Identity, Burden of Proof
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 7 Authorities cited 10 Party arguments 2
Parties
The Republic
Prosecution
Fianko Isaac
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 whether the accused unlawfully entered the complainant's room with intent to commit an offence
- 2 whether the accused caused damage to complainant's property
- 3 whether the accused stole complainant's items
Ratio Decidendi
The prosecution failed to establish the identity of the accused beyond reasonable doubt, especially after the accused raised a defence of mistaken identity; therefore, the accused must be acquitted and discharged.
Court Disposition
acquittal and discharge
Orders
- The accused, Fianko Isaac, is acquitted and discharged.
Full Case Text
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