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JUDGMENT
JUDGEMENT
INTRODUCTION
The accused persons Kofi Atimbonu (A1) and Wahidu Sulemana (A2) were arraigned before this
Court on the 28th of October 2022 charged with two counts of Conspiracy to commit a crime to wit
Stealing: contrary to Section 23(1) and 124(1) of the Criminal Offences Act, 1960 (Act 29) and
Stealing: contrary to section 124(1) of the Criminal Offences Act, 1960 (Act 29).
PLEA OF THE ACCUSED PERSONS
The charges as stated in the charge sheet were read to A1 and A2 in the Mampruli language after
which they pleaded Not Guilty to all the charges.
BURDEN OF PROOF
The Accused persons pleaded not guilty to the charges. It is settled in law that the burden of proof,
therefore, is heavily on the prosecution to prove its case beyond a reasonable doubt in accordance
with Article 19(1) and (2) (c) of the 1992 Constitution of the Republic of Ghana which stipulates
that:
19. Fair Trial
“1. A person charged with a criminal offence shall be given a fair hearing within a reasonable time
by a court.
2. A person charged with a criminal offence shall
c. be presumed to be innocent until he is proved or has pleaded guilty;”
Sections 11(1), (2) and (3), 13(1) and (2) and 15 (1) of the Evidence Act, 1975 (N.R.C.D. 323) have
well settled the evidential and the persuasive burden that the law casts on Prosecution in a criminal
matter. It provides as follows: Burden of producing evidence
11. (1) For the purposes of this Act, the burden of producing evidence means the obligation of a
party to introduce sufficient evidence to avoid a ruling on the issue against that party.
(2) In a criminal action, the burden of producing evidence, when it is on the prosecution as to
a fact which is essential to guilt, requires the prosecution to produce sufficient evidence
so that on the totality of the evidence a reasonable mind could find the existence of the
fact beyond a reasonable doubt.
Proof of a crime
13. (1) In a civil or criminal action, the burden of persuasion as to the commission by a party
of a crime which is directly in issue requires proof beyond a reasonable doubt.
(2) Except as provided in section 15 (c), in a criminal action, the burden of persuasion, when
it is on the accused as to a fact the converse of which is essential to guilt, requires only
that the accused raise a reasonable doubt as to guilt.
Burden of persuasion in particular cases
15. Unless it is shifted,
(a) the party claiming that a person has committed a crime or w