THE REPUBLIC v. FRANCIS NDABIAH ALIAS AWAH AND PETER TANDOH ALIAS MOLATO

J U D G E M E N T

The Accused persons were charged with two counts of conspiracy and attempt to commit

crime to wit stealing contrary to sections 18, 23(1) and 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

accused persons are residents of Ngalekyi and that on the 26th of January, 2023 at about

1:30am, A1 and A2 (at large) planned to go and steal dry coconuts at Anokyi and upon

their arrival there, they were exposed in their attempts to steal the dry coconuts. A1 who

was then in charge of the motorbike they went to steal with escaped leaving behind A2 .

A1 ended up at Asem Nda, where A1 was spotted by some youth from the township at

that odd hour. Suspecting A1 of being a thief since for some time the township had

witnessed several stealing activities, A1 was arrested and subjected to severe beatings

and later remitted to the police, who sought medical treatment for him and proceeded to

investigate the matter. Prosecution tendered in evidence an audio recording of accused

person’s confession made while undergoing treatment at the St. Martins DePorres

Hospital Eikwe, in the presence of D/Cpl Clement Kwabena Adofo (Exhibit B) and a

photograph of the A1’s face bearing the injuries sustained by being beaten by the youth

of Asem Nda(Exhibit A).

On the 27th day of March, 2023, when A1 was arraigned before this Court and the charges

preferred against him were read and explained to him in Twi language, accused pleaded

Not Guilty to the two counts. The court then proceeded to try him on both.

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 18—Provisions Relating to Attempts to Commit Crimes.

(1) A person who attempts to commit a crime by any means shall not be acquitted on

the ground that, by reason of th