THE REPUBLIC v. FIANKO ISAAC

JUDGMENT

The Accused Person has been charged with the following offences under the Criminal

& Other Offences Act, 1960 (Act 29):

a. Unlawful Entry contrary to section 152 of Act 29;

b. Causing unlawful damage contrary to section 172 of Act 29; and

c. Stealing contrary to section 124 of Act 29.

The Accused Person pleaded not guilty after the charges had been read out and

explained to him.

FACTS OF THE CASE

The facts of the case as presented by the Prosecution are that on 13th March, 2020, the

Complainant woke up to find his 50 inches flat screen TV stolen and his speakers

moved from the room to the corridor waiting to be collected. After a while, the

Accused Person appeared and in an attempt to steal the speakers, the Complainant

chased him. The Accused managed to scale the wall but dropped his mobile phone, a

cutter and a bag containing clothes. The Complainant reported the matter to the Police

who lured the Accused to come for his phone leading to his arrest. Following the

arrest, the Complainant was invited to the station and he easily identified the Accused

as the culprit.

THE CASE OF THE PROSECUTION

PW 1, the Complainant, confirmed the facts as presented by the Prosecution.

PW 2 tendered in evidence pictures of the portion of burglar proof cut off, the cutter

and the caution statements. PW 2 also repeated the facts presented by the Prosecution

and added that the Accused was arrested after luring a taxi driver who called to claim

the phone on behalf of the Accused. The Accused later came to the station and was

immediately arrested and arraigned before Court.

Thereafter, the Prosecution closed its case.

THE CASE OF THE DEFENCE

The Accused, in his defence, stated that somewhere in March, 2020, he lost his

Samsung 10AS phone in Nsawam and attempts to retrieve the phone almost failed as

nobody answered after several calls. The Accused continued that, one day a male

voice answered his call and agreed to return the phone at a price which he agreed. The

Accused added that he sent a friend to meet the person and collect the phone on his

behalf but after a few hours, the friend called to inform Accused of his arrest. The

Accused averred that, he later went to the Police Station where he was arrested and

charged with the stated offences. The Accused argued that he has no knowledge of

the accusations and stated that, he is not guilty of the charges levelled against him by

the Police hence prayed the Court to discharge him uncond