THE REPUBLIC v. DESTINY ANNI & 2 OTHERS

BACKGROUND

The first and second accused persons were arraigned before this Court on charges of

Conspiracy to steal and stealing contrary to Sections 23(1) and 124(1) of the Criminal

Offences Act, 1960 (Act 29).

The third accused person was charged with dishonestly receiving contrary to section 146

of the Criminal Offences Act, 1960 (Act 29).

BRIEF FACTS

In the brief facts attached, the Prosecution stated that the complainant Dotse Selasi is a

farmer and a native of Ehi whilst Destiny Anni (A1) is a 21 years old unemployed and

Victor Awudi is a 27 years old mason.

The Prosecution stated that Alice Atiwodo (A3) is also a trader and a 60-year-old resident

of Glitame near Agbozume.

The Prosecution stated that on the 7th of October, 2022 around 6:00pm, the complainant

visited his poultry house and while feeding the birds observed A1 and A2 pass by.

The Prosecution stated that after feeding the birds the complainant left but returned to

the site again around 7:30pm on the same day and detected that thieves have broken into

the house and stolen sixty (60) birds comprising chicken and ducks.

The Prosecution stated that the complainant through his own investigation found out

that A1 and A2 stole the birds and sold them to A3.

The Prosecution stated that following the admission of A3 when she was confronted

about the incident by the complainant, a report was made to the police and both A1 and

A2 were arrested.

The Prosecution stated that, A1 and A2 admitted the offences in their cautioned

statements but A3 informed the police that after buying the birds she disposed of same

at the Agbozume market.

The prosecution stated that the accused persons were charged and arraigned before the

court.

PLEA OF ACCUSED PERSONS AND CONVICTION

The first and second accused persons pleaded not guilty to both charges when the

particulars of offence were read and interpreted to them in the Ewe language and were

admitted to bail.

A3 however pleaded guilty with explanation.

EXPLANATION BY A3

In her explanation, A3 stated that she is a trader who buys and sell poultry.

She further stated that she went out and upon her return in the evening on the said date

met A1 and A2 in her house with two chicken and a duck which they offered to sell to

her.

She stated that when she asked them where they got them from A1 informed her that

they are for his deceased father which people are now stealing upon his demise so he

wants to sell them off.

A3 stated that she