THE REPUBLIC v. SAMPSON AMOH

JUDGMENT

Accused person herein stands charged with one count of stealing contrary to Section

124(1) of the Criminal Offences Act 1960, Act 29 (hereinafter referred to as Act 29).

The summary of prosecution’s case as per the facts sheet attached to the charge sheet

are as follows;

‚Complainant Nana Aka Kwayowaa is a Businesswoman. Accused person Sampson

Amoh is a driver both residents in Achimota. About two years ago, complainant

employed the accused person as a driver and attached him to her husband's company.

Accused was assigned a Toyota Highlander with registration No.GR 473-17 to use on a

hiring basis. Complainant trusted the accused so well that she made him her personal

accounts officer. Accused was to use the car and collect the proceeds which were mostly

paid in cheques, cash, them and deposit same in the complainant's Zenith Bank account,

Airport Branch.

Accused collected various sums of money in the forms of cheques from his clients

amounting to GHC.122,194.00 for the services rendered. Accused cashed the various

cheques but failed to deposit the monies in the complainant's account and made use of

the said amount. In November 2018, the complainant visited her bank only to find out

that the accused never deposited the monies in her account as he alleged. Complainant

reported the case to the police and the accused was arrested. Enquiries conducted at the

Zenith Bank, Airport Branch indicates that the accused person paid only GHC25,712.00

instead of GHC.122,194.00 into the complainant's account leaving a balance of

GHC.96,482.00 the accuses swindle.

During the police investigations, an amount of GHC.15,000.00 was recovered from the

accused person. The accused person in his investigation caution statement admitted the

offence and pleaded with the police for time to refund the money to the complainant.

After investigations he was subsequently charged with the offence and arraigned before

this honorable court.‛

Accused pleaded not guilty to the charge of stealing when same was read to him in twi,

his elected language.

In every criminal prosecution, when an accused person denies an offence, prosecution

assumes a statutory obligation to prove the guilt of the accused beyond reasonable

doubt. Section 11(2) of the Evidence Act, 1975, NRCD 323 (hereinafter referred to as

NRCD 323) with specific reference to criminal cases reads ‚in a criminal action the burden of producing evidence when it is on the

prosecution as to any fac