Try asking the following...
JUDGMENT
JUDGMENT
The Accused persons was charged on one count of offence, namely causing Unlawful Damage
contrary to section 172 of the Criminal Offences Act of Ghana of 1960, Act 29. The Accused
pleaded not guilty to the charge inferring that there was an issue for the court to determine.
The case of the prosecution was that complainant Stephen Ameyaw is a farmer residing at
Berekum. Accused George Amponsah Twum is also a farmer and lives at Wamfie. Complainant
owns a ten (10) acreage inter-cropped farm located at Habitat, Wamfie, where he has cultivated
maize, cocoyam, plantain and cassava. Complainant also have purposefully planted economic
trees including Ofram, Emire, Mahogany, Teak and coconut in his farm. Complainant shares a
boundary with the accused person.
On 2nd June 2022 at about 7:00am, complainant visited his farm and observed that twenty-five(25)
purposefully planted Ofram trees have been cut down. Enquires made by complainant revealed
that it was the accused who destroyed his properties. Complainant reported the case to the police
and on 4th June, 2022, the accused was arrested. Accused admitted cutting down the (25) Twenty
Five Ofram trees in his Investigation Caution Statement to Police. On 7th June, 2022, a letter was
sent to the Forestry Commission to visit the scene and assess the value of damage caused.
On 21st June, 2022, the assessment report signed by Ebebeze Mensah, District Manager, Forestry
Commission, Dormaa was received. The report among other things gave the assessment value of
damage caused to the twenty-five(25) Ofram trees as GH¢7,325.175. After investigations, accused
was charged with the offence.
The duty of the Court on a plea of Not Guilty has been laid down by spans of criminal
jurisprudence. It is not to assume the guilty of the accused, but to take the evidence and consider
whether the prosecution has successfully proved all the elements of the charge it has preferred
against the accused persons.
The general burden of proof, in a criminal case lies on the prosecution to establish the guilt of the
accused. This principle has been arrayed in our statue, in section 11(2), 13(1) and (2) of the
Evidence Act, 1975, NRCD 323.
Section 11(2) NRCD 323 provides that, “in a criminal action the burden of producing evidence
when it is on the prosecution as to any fact which is essential to guilt, requires the prosecution to
produce sufficient evidence, so that on all the evidence a reasonable mind could find