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JUDGMENT
BACKGROUND
On 19th of August, 2021, the accused persons were arraigned before this Court on charges
of conspiracy to commit crime and assault contrary to Sections 23(1) and 84 of the
Criminal Offences Act, 1960 (Act 29).
A4 was additionally charged with the offence of stealing contrary to section 124 of the
Criminal Offences Act, 1960 (Act 29).
BRIEF FACTS
The brief facts as narrated by Prosecution indicated that the complainants Amenyo
Christian and Stephen Amenyo are siblings who live in Dzodze-Apeyeme.
The prosecution stated that the first accused Dashie Ekemeh is the mother of the second
accused Alex Adzogble who is a friend to the third and fourth accused persons, Mawuli
Dordunu and Daniel Adaditsu.
The Prosecution stated that sometime in January, 2021 a misunderstanding ensued
between the parents of the complainants and A1 which matter was resolved.
The Prosecution stated that later on 3rd February, 2021 A1 mobilized the other accused
persons to the house of the complaints and on reaching there they subjected the
complainants to severe beatings.
The Prosecution stated that, A4 in the process stole a gas cylinder belonging to the
complainants and valued at Eighty Ghana cedis (GH₵80.00).
The Prosecution stated that, A4 gave the gas cylinder to one Vivian Dorgbertor and
collected from her an amount of Thirty Ghana Cedis (GH₵30.00) with a promise to refund
same when he comes back for the cylinder.
The Prosecution stated that the complainants reported the incident to the police and were
issued with medical forms to attend St. Anthony Hospital for treatment which they later
returned to the police duly endorsed.
The prosecution stated that, the accused persons and the said Vivian Dorgbetor with
whom the cylinder was deposited were arrested subsequently and police investigations
revealed that she did not have the intention to purchase the cylinder.
The accused persons were therefore charged with the offences and arraigned before the
court for prosecution.
THE CASE OF PROSECUTION
The prosecution called four witnesses comprising the complainants, Antoinette Fiaseme
(PW3) and the Police Investigator, Detective Corporal Ernest Oppong (PW4).
The prosecution’s first witness Christian Amenyo stated that sometime in January, 2021
he washed and dried his clothes on the line but upon his return to the house later in the
day noticed that two of his shirts, two shorts and one under wear were missing.
PW1 stated that the next day he sa