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JUDGMENT
JUDGMENT
The accused person has been charged before this Court with the following offences:
i. Offensive Conduct Conducive to the Breach of Peace: Contrary to Section
207(1) of the Criminal and Other Offences Act 1960 (ACT 29).
ii. Stealing: Contrary to Section 124(1) of the Criminal and Other Offences Act,
1960 (Act 29).2
The Accused person pleaded not guilty to the charges after same were read and explained to
him.
In Republic vrs. Adu Boahen & Another [1993-94] 2 GLR 324-342, per Kpegah JSC, the Supreme
Court held that:
“A plea of not guilty is a general denial of the charge by an accused which makes it imperative
that the prosecution proves its case against an accused person……
When a plea of not guilty is voluntarily entered by an accused or is entered for him by the trial
Court, the prosecution assumes the burden to prove by admissible and credible evidence,
every ingredient of the offence beyond reasonable doubt”
FACTS OF THE CASE
Xenordzi Ruth aged 21, a student is the complainant in the case whilst Kwami Setordzi aged
52, a driver by profession is the accused person. Parties are resident of AgbozumeAdawukope and Klikor-Satsimadza respectively. Complainant has a container containing
vehicle and motorbikes spare parts and same was given to her by her baby’s father by name
Chinaza Udemezuo, a Nigerian to sell the items and use the income to cater for their child.
During the month of August, 2021, the accused person told the complainant that he is the
caretaker of the land that the container has been placed and that the said Chinaza owes him
some rent before he travelled, hence complainant should park all the spare parts from the
container so that he can also rent the container and used the income to defray the debt.
Complainant told the accused that she is not aware that Chinaza owes him some rent and if it
is the land he is after; then he should give him some time for her to find a place and carry the
container to. Accused told the complainant that he will not allow her to carry the container
away that he will give him only three days to park the spare parts away. During the month of
September, 2021 complainant went to the container and realized that her pad lock affixed to
the container had been removed and re-fixed with new ones. Complainant suspected the
accused person and as such lodged official complaint. On 28/10/2021 at about 2:20pm, accused3
reported himself at the station upon invitation and when interrogated