THE REPUBLIC v. ASAMOAH RICHMOND @ PILATO

JUDGMENT

In this particular case the Accused person was charged on one single count. Namely the

offence of stealing contrary to section 124(1) of the Criminal Offences act of Ghana, Act

29/60 as amended by paragraph 4 of NLCD398/69 Accused Asamoah Richmond @ Pilato

pleaded not guilty to the charge of stealing. Once an Accused Person pleads not guilty, it

implies there was an issue for the court to determine. The case of the prosecution was

that Adams Ibrahim and Accused Asamoah Richmond are both tricycle riders.

Both parties are residents of Wamfie. Complainant owed a tricycle popularly known as

“Pragyia” which he used for commercial purpose. On 12th July, 2022 at about 7:00pm

accused person collected complainant’s Pragyia as spare rider, with the agreement that

when the Accused person closes, he should go and park the Pragyia at the Dormaa Area

Teachers’ Credit Union Wamfie under the care of the security man. Accused person, after

closing, however, did not go and park the complainant’s Pragyia at the said Credit

facility, but rather sent the Pragyia to his house.

On the morning of 13th July,2022 at about 5:30am, complainant went to the Credit facility

to take his Pragyia from the Security man, but only to be told by the security man that the

Accused person did not come to park the Pragyia. Complainant went to the Accused

person’s house to collect his Pragyia, but Accused told the complainant that a thief or thieves stole complainant’s Pragyia, valued at GH¢11,000.00. Complainant reported the

incident to the police. Accused person was subsequently arrested. During investigation

the Accused person denied offence in his Investigation Cautioned Statement. The

Accused person was granted Police Enquiry Bail to be reporting periodically at the Police

Station to assist with investigation, but Accused failed to comply with that order. On 20th

July, 2022 Police re-arrested Accused person and charged him with offence of stealing

and brought him before the court.

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 person.

The general burden of proof, in a criminal case lies on the prosecution to establish the

guilty of the Accused. This principle has been arrayed in our statue, in section 11(2