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July 13, 2023
DISTRICT COURT
GHANA
CORAM
BACKGROUND
The accused person was arraigned before this Court on 12th October, 2021 on charges of
unlawful entry, causing unlawful damage and stealing contrary to Sections 152, 172 (1)
(a) and 124 of the Criminal Offences Act, 1960 (Act 29).
BRIEF FACTS
The facts as read by Prosecution stated that the complainant John Mathias Nanewortor is
a carpenter and a resident of Dzodze Ablorme whilst the accused Atsu Korshie is a bus
collector and also resident in Dzodze.
The Prosecution stated that on the 12th of July, 2021, the complainant returned from work
at about 2:30pm to find that the door to his room had been broken and a Nokia smart
phone valued at GH₵400.00, a pen drive valued GH₵30.00 and cash sum of GH₵2,500.00
stolen from his room.
The Prosecution stated that through the complainant’s personal enquiries, he was
informed by some neighbours that the accused was responsible.
The prosecution stated that one Charles Amegbletor told the complainant that he
personally saw the accused scale over his wall.
The prosecution stated that the accused was arrested but he denied the offence in his
investigation cautioned statement but after investigations was charged with the offences
and arraigned before the court for prosecution.
PLEA OF ACCUSED PERSON
The accused pleaded not guilty to the offences when the charges and particulars of the
offences were read and interpreted to him in Ewe and was admitted to bail.
Witness statements of witnesses of prosecution together with charge statements and
investigation caution statements of the accused persons were filed by the prosecution and
served on him for trial.
THE CASE OF PROSECUTION
The prosecution called the complainant as his first witness, Charles Amegbletor as a
second witness and the police investigator PW/Constable Rose Gbeve as a third witness.
In his evidence to the Court, the complainant, first prosecution witness stated that, he
lives in the same community with the accused at Dzodze - Ablorme.
PW1 stated that on the 12th of July, 2021 he returned home after work at about 2:30pm
and found that his door lock valued at GH₵40.00 had been broken.
PW1 stated further that upon entering the room, he noticed that his Nokia smart phone
valued at GH₵400.00, a pen drive valued at GH₵30.00 and a cash sum of GH₵2,500.00
had been stolen from his room.
PW1 stated that through his enquiries, he was informed that the accused was responsible
for the act. He stated that one Charles Amegbletor t
AI Generated Summary
At the District Magistrate Court, His Worship Nelson Delasi Awuku tried bus collector Atsu Korshie on charges of unlawful entry, causing unlawful damage, and stealing under sections 152, 172(1)(a) and 124 of the Criminal Offences Act, 1960 (Act 29). Complainant John Mathias Nanewortor, a carpenter of Dzodze Ablorme, returned home on 12 July 2021 to find his door lock broken and a Nokia smartphone, pen drive, and GH₵2,500 missing. Prosecution relied chiefly on testimony from Charles Amegbletor (PW2) who said he and his friend Godsway saw Korshie scaling the complainant’s wall. However, Godsway was subpoenaed and contradicted PW2, denying he saw any wall scaling and stating they merely met Korshie, who gave him GH₵10. Applying section 11(2) of the Evidence Act and the Supreme Court’s standard, the court found the prosecution failed to prove the essential elements of the offences beyond reasonable doubt and acquitted and discharged Korshie.