THE REPUBLIC v. FELIX BALI
February 13, 2023
CIRCUIT COURT
GHANA
CORAM
- HIS HONOUR FELIX DATSOMOR, ESQUIRE
Areas of Law
- Criminal Law and Procedure
- Evidence Law
February 13, 2023
CIRCUIT COURT
GHANA
CORAM
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J U D G M E N T
INTRODUCTION:
The accused person, Felix Bali, was charged with a count each of the offences of unlawful
entry and stealing contrary to sections 152 and 124(1) of the Criminal Offences Act, 1960
(Act 29) hereinafter referred to simply as “Act 29”.
Per section 152 of Act 29, it is provided that:
“Whoever unlawfully enters any building with the intention of committing a crime
therein shall be guilty of second degree felony.”
Whereas section 124(1) of the same Act provides that:
“A person who steals commits a second degree felony.”
The accused was arraigned before this court on 19 May 2022 on the allegation that he had
unlawfully entered the house of the complainant, one Isaac Kloe Edinam, at Godokpe in
Ho without his consent and permission while the complainant had traveled on 2 April
2022 and made away with some items, namely TCL flat screen television, gas cylinder,
gas stove, Nasco refrigerator and an HP laptop, all valued at Seven Thousand Ghana
Cedis (GH¢7,000).
The alleged facts on the basis of which the accused was arrested and arraigned before this
court are that the complainant is a banker residing at Ho-Godokpe whereas the accused
is self-employed and resident at Ho-Desiadenyo. On 1 May 2022, the complainant
traveled out of town and returned on 3 May 2022 only to realize his room had been
broken into and his belongings made away with. The items so made away with include
one TCL flat screen television valued at GH¢2,500, one DStv decoder valued at GH¢200,
a gas cylinder valued at GH¢300, a gas stove valued at GH¢400, a Nasco refrigerator
valued at GH¢1,400 and an HP laptop computer and its accessories valued at GH¢2,200
altogether summing up to GH¢7,000. A formal complaint was lodged with the police by
the complainant and the accused was arrested and detained to assist the police in
investigations. In his investigation caution statement, the accused was alleged to have
admitted the offence and disclosed further that one Freeman, now at large, was his
accomplice. After investigations, the accused was charged and arraigned before this court
to stand trial.
PLEA OF THE ACCUSED AND THE BURDEN OF PROOF:
When the accused was arranged before the court, he pleaded “guilty with explanation”
to both charges levelled against him. However, upon listening to his explanation, the
court was minded to enter a plea of “not guilty” for the accused. The accused was
therefore put in charge of the court for the prosecutio
AI Generated Summary
Felix Bali was tried in the Ho Circuit Court for unlawful entry and stealing under sections 152 and 124(1) of the Criminal Offences Act, 1960 (Act 29), arising from allegations that he broke into banker Isaac Kloe Edinam’s home in Godokpe, Ho, and stole household items, including an HP laptop, worth GH7,000. The prosecution relied on PW1’s identification of recovered property and PW2’s testimony that Bali confessed and implicated a taxi driver known as Freeman. Bali testified that Freeman stored items with him and asked him to sell the laptop, and that his police confession was induced by beatings. The court excluded the caution statement under section 120 of the Evidence Act and, applying the Lutterodt framework and the reasonable-doubt principles endorsed in Akilu and Dexter Johnson, concluded the prosecution had not proved the offences beyond reasonable doubt, acquitting and discharging Bali.