Try asking the following...
Try asking the following...
July 11, 2023
CIRCUIT COURT
GHANA
CORAM
J U D G M E N T
The Accused person was charged under Section 124(1) of Act 29/60.
BRIEF FACTS OF THE CASE
The brief facts of the case as presented by the Prosecution are that:
Complainant Chinyere Oburun is a trader living at Kasoa in the Central Region and the
accused person Chuhs Nelly Chukudike is a driver by profession living at Anabra State
Nigeria. Both complainant and the accused are Nigeria nationals and customers to each other.
In the month of April, 2022, complainant daughter who resides in Nigeria gave cheese biscuit
of 1,678 piece which she packed in sacks amounting to 54 sacks value GH¢117,460.00 to the
accused to be delivered to the complainant in Accra. In the month of May, 2022, the accused2
delivered 1, 182 packs value GH¢82,740.00 to the complainant and promised to bring the
remaining 496 packs value GH¢34,720.00 later. The accused failed to send the goods to the
complainant and she contacted him on phone and demanded for the remaining
goods. Accused then told complainant that the said goods has been seized by the customs
officers. Complainant came to Aflao and asked the accused to lead her to the customs officer
who seized the goods for her to render an apology to the officers. However, when
complainant and accused went, complainant was told that the goods they seized from the
accused were released to him the same day. Complainant then asked the whereabout of her
goods but the accused could not give her any tangible reason. Complainant reported the case
to police and the accused was arrested and cautioned. In his investigation caution statement,
he admitted the offence and stated that he sold 480 packs of the goods valued GH¢33,600
without the consent of the complainant. After investigations the accused was charged with
the offence as stated in the charge sheet.
The accused pleaded not guilty to the charge for which reason the prosecution assumed
the burden of proof and must prove the charge against the accused beyond reasonable doubt.
Section 11 (2) of the Evidence Act 1975 NRCD 323 states:
“In a criminal action, the burden of producing evidence when it is on the prosecution as
to any fact which is essential to guilt, require the prosecution to produce sufficient evidence
so that on all the evidence a reasonable mind could find the existence of the fact beyond a
reasonable doubt”
The accused person herein is charged with stealing under Section 124(1) of Act 29/60
which states:
“A person who steals commits
AI Generated Summary
This criminal judgment from a Ghanaian Circuit Court involves Nigerian nationals Chinyere Oburun, a trader in Kasoa, and Chuhs Nelly Chukudike, a driver and businessman from Anambra State. Oburuns daughter entrusted Chukudike with 54 sacks of cheese biscuits (1,678 pieces) for delivery to Accra. Chukudike delivered 1,182 packs but failed to deliver the remaining 496, claiming customs seizure; customs at Aflao said the seized goods were released the same day. In a caution statement tendered without objection, Chukudike admitted selling 480 packs valued GH33,600 without Oburuns consent, saying he sold goods at Benin to pay charges. The prosecution called Oburun and the investigator; Chukudike testified but admitted under cross-examination that he sold some goods without the complainants knowledge. Applying Act 29 and evidence law, the court found him guilty of stealing and ordered restitution of GH233,600 to Oburun.