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February 2, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
The accused person was arraigned before this court charged with stealing contrary to
section 124(1) of the criminal offences Act 1960, Act 29 to which he pleaded not guilty.
The brief facts of the case as presented by the prosecution are that the complainant
prosper Komla Akpemado who owns Harmony sachet Water Company at Kpando
Tsakpe Newtown and accused was his Supervisor. The complainant always sent the
accused to deposit money into the company’s account at Ghana Commercial bank
(GCB) at Kpando.
Accused person was on the 18/03/2022 entrusted with Twenty-five thousand Ghana
Cedis (GH¢25,000.00) at about 11:00 am to go and deposit same into the company’s
bank account at G.C.B and he bolted with the money without a trace. This was reported
to the police on the 22/03/2022 for investigation. Accused was however arrested at his
hideout at Wawase near Teacher Mantey in the Eastern region on the 22/6/2022 and handed over to Kpando Divisional Police CID for investigation. After the
investigations, he has been charged and brought to the court.
Accused person having pleaded not guilty to the offence as charged, the prosecution
then assumes the onus of adducing credible evidence at the offence of stealing beyond
reasonable doubt in order to secure his conviction as required under sections 11(2) and
13(1) of the Evidence Act, 1975 (NRCD 323). In the case of GLIGA AND ATISO VRS.
THE REPUBLIC [2010] SCGLR 870 per Dotse JSC it was held that:, “under article 19 (2)
(C) of the 1992 constitution every one charged with a criminal offence was presumed
innocent until the contrary was proved. Whenever accused was arraigned before any
court in criminal trial, it is the duty of the prosecution to prove the essential ingredients
of the charge against accused person beyond reasonable doubt. Accused, on the other
hand, bears no duty to prove his innocence. His only duty arises when he is called upon
to open his defence, in which case he is only required to raise reasonable doubt in the
evidence of the prosecution against him”
PROSECUTION’S EVIDENCE
In proving the case against the accused, the prosecution called two witnesses and
tendered four (4) documents in evidence.
The complainant, prosper Komla Akpemodo, tendered his witness statement into
evidence as PW1 that he is the chief executive officer (CEO) OF Harmony drinking
water company at Kpando Tsakpe Newtown. Accused was the supervising officer of
the company who had worked with the co
AI Generated Summary
Prosper Komla Akpemado, CEO of Harmony sachet Water Company at Kpando Tsakpe Newtown, entrusted GH¢25,000 to his supervisor to deposit into Omas Poly Products’ account at the Ghana Commercial Bank (GCB), Kpando branch. The supervisor absconded, turned off his phone, and was later arrested at Wawase near Teacher Mantey in the Eastern Region. He had previously deposited funds for the company, reflecting a relationship of trust. In a detailed caution statement, he admitted premeditating the theft after a request for financial help to marry was declined, described dividing the funds, traveling to Accra and Maame Krobo, and telling his girlfriend about the theft. Applying Act 29/60 and the Evidence Act, the court found the elements of stealing proven beyond reasonable doubt, convicted him, sentenced him to two years’ imprisonment, and ordered restitution of GH¢25,000.