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JUDGMENT
The accused person is charged with 4 counts of conspiracy to commit stealing, causing
unlawful damage, unlawful entry and stealing contrary to section 23(1) and 124(1),
Section 172(1)(a), Section 152 and Section 124(1) of the criminal offences Act, 1960 (Act
- respectively.
The particulars of the offences are that, on 10th January, 2022 at Sefwi Kofikrom,
accused and other persons did agree to act together with a common purpose in
committing stealing, and intentionally and unlawfully caused damaged to a padlock
valued GH₵50 the property of Richard Bediako, and unlawfully entered the store
room of Richard Bediako with the intent to commit stealing, and dishonestly
appropriated 1700 pieces of cocoa sacks valued GH₵17,000 the property of Richard
Bediako.
The facts of the case as presented by the prosecution are that Richard Bediako the
complainant in the case is a District Manager of Adikanfo Commodities, a license
cocoa buying company at Sefwi Kofikrom, and the accused was a laborer at the
complaintant cocoa depot.
On 9th January, 2022, the complainant and his workers including the accused went to
work and closed about 6:30pm. On 10th January, 2022, the complainant depot keeper
and the accused reported to work and saw that the depot store room had been broken
into and a quantity of cocoa sacks stolen. The depot keeper and the accused went to
the complainant and informed him of what had happened. The complainant
accompanied by the depot keeper and the accused went to the depot and saw that the
padlock to the store room had been broken and 1700 pieces of cocoa sacks stolen.
Complainant made an announcement at a local information centre at Sefwi Proso and
Kofikrom over the theft of his sacks.
On 11thJanuary, 2022, complainant went to work and saw that 500 pieces out of his
stolen sacks had been returned. On the same day, the complainant had a hint that it
was the accused and other persons who committed the crime. Complainant reported
the case to the police at Juaboso. Accused after committing the crime went into hiding.
On 24th April,2023, accused was spotted at Sefwi Proso by some youth and arrested
him and handed him over to the police at Juaboso. On caution, accused admitted the
offence and after investigations he was charged with the offences as stated in the
charge sheet.
In order to prove their case against the accused, the prosecution called 3 witnesses
namely; Annor Essien Senior (Pw1), the driver who conveyed the sack