THE REPUBLIC v. ANDREWS PETER DAWUNI

JUDGMENT

INTRODUCTION

1. The accused, Andrews Peter Dawuni, was arraigned before this court on the offence

of stealing, contrary to section 124(1) of Criminal Offences Act, 1960 (Act 29). The

particulars of the charge stated that the accused “did steal documents and keys of

Kalariga Goodnews Church, the property of Goodnews Bible Church, Ghana.”

FACTS OF THE CASE

2. The brief facts of the case as narrated by the prosecution are that the accused on 27th

May, 2022 was excommunicated from the Fellowship of Good News Bible Churches,

of which the accused was the pastor of the Kalariga Branch under the name Shalom

Church. Reason for the excommunication was that the accused had contravened the

doctrines of the church by divorcing his wife and remarried without notice or consent

of the church. Upon the excommunication, the accused forcibly took the church

documents and keys and has failed to return them, despite several demands. Also,

accused continues to hold himself as a pastor of the church. Failing to return the

church documents and keys, a complaint was made to the police. Upon interrogation,

accused promised to produce the documents and keys, but he has failed to do so.

Accused was, therefore, charged and arraigned before this court on the above offence.

DEFINITION OF THE OFFENCE

3. Section 125 of Act 29 defines stealing to mean, “a person steals if he dishonestly

appropriates a thing of which he is not the owner.” Act 29 also provides that whoever

steals shall be guilty of a second degree felony, see s. 124(1) of Act 29.

4. Section 120 of Act 29 explains dishonest appropriation, to include

“120(1) An appropriation of a thing is dishonest

a. if it is made with an intent to defraud or

b. if it is made by a person without claim of right, and with a

knowledge or belief that the appropriation is without the consent

of a person for whom he is trustee or that the appropriation

would, if known to the other person, be without his consent of

the other person.”

5. Also sections 122(1) and (2) of Act 29 provide instances or acts that amount to an

appropriation:

“122(1) An appropriation of a thing by a trustee means a dealing with the thing by

the trustee, with the intent of depriving a beneficiary of the benefit of the

right or interest in the thing, or in its value or proceeds, or any part that

thing.

122(2) An appropriation of a thing in any other case means any moving, taking,

obtaining, carrying away, or dealing with a thin