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JUDGMENT
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