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June 8, 2023
DISTRICT COURT
GHANA
CORAM
J U D G E M E N T
The Accused person was charged with one count of stealing contrary to section 124(1) of
the Criminal Offences Act, 1960 (Act 29).
The brief facts that gave rise to the charges as initially presented to the Court were that
complainant in this case is a farmer and a refugee resident of Krisan refugees’ Camp.
Accused is a private security man at the Adom Gardens and a resident of Ngalekyi. On
the 3rd day of March, 2023 at about 8:00pm complainant went to Adom Gardens with his
Bajaj Boxer Motorbike with registration number M-21-GE6920 to buy food and parked
the said motorbike at the entrance, near the security post. Complainant after buying the
food detected that thieves or a thief had made away with his motorbike and highly
suspected the accused. A complaint lodged with the police, accused was arrested. On the
25th day of March, 2023, convict Isaac Blay was arrested for dishonestly receiving a stolen
motorbike and in his statement indicated that it was accused who had already told him
that he stole a motorbike from Adom Gardens where he works and sold it at Bonyere.
On the 30th day of March, 2023, when accused person was arraigned before this Court
and the charge preferred against him was read and explained to him in Twi language,
accused pleaded Not Guilty to the count. The court then proceeded to try him on the
count of stealing.
Section 11 (2) of the Evidence Act, 1973 (NRCD 323) states 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 the existence of the fact beyond a reasonable
doubt.
Subsection 3 of the same provision says that in a criminal action the burden of producing
evidence, when it is on the accused as to any fact the converse of which is essential to
guilt, requires the accused to produce sufficient evidence so that on all the evidence a
reasonable mind could have a reasonable doubt as to guilt.
Section 124(1) of Act 29 states as follows;
“A person who steals commits a second degree felony.”
Also Section 125 of Act 29 defines stealing thus;
“A person steals who dishonestly appropriates a thing of which that person is not the
owner.”
As held in MENSAH AND OTHERS v. THE REPUBLIC [1978] GLR 404-427, in order to
ground a conviction on this charge, the Prosecution must establish beyond reasonable
doubt
AI Generated Summary
In the District Magistrate Court at Nkroful, Her Worship Awo Amissah French adjudicated a charge of stealing under section 124 of the Criminal Offences Act, 1960 (Act 29) against a private security guard at Adom Gardens. The complainant, a farmer and refugee from Krisan Refugees’ Camp, parked his Bajaj Boxer motorbike (M-21-GE6920) near the security post at Adom Gardens while buying food on 3 March 2023; it went missing and he reported the matter to police. Evidence included a statement by Isaac Blay—later arrested for dishonestly receiving a stolen motorbike—that the accused admitted stealing a motorbike from Adom Gardens and selling it at Bonyere. Applying the Evidence Act burden provisions and Act 29’s definitions of stealing and appropriation, and guided by Mensah v. The Republic on the elements of theft, the court found non-ownership, appropriation, and dishonesty proven beyond reasonable doubt. The accused was convicted and sentenced to 24 months’ imprisonment IHL without fine, with credit for time spent in custody.