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June 11, 2023
DISTRICT COURT
GHANA
CORAM
BACKGROUND
The accused person was arraigned before this Court on 16th June, 2023 on charges of
unlawful entry and stealing contrary to sections 152 and 124 of the Criminal Offences Act,
1960 (Act 29).
BRIEF FACTS
The brief facts as attached by the Prosecution stated that, the complainant Eva Domekpor
is a 53-year-old trader and a resident of Dzodze whilst the accused Philip Ahator is a 20-
year-old commercial motor rider also resident in Dzodze.
The prosecution stated that on the 28th of May, 2023 the complainant and her son
Richardson Amenyo left home in the morning to church around 7:30am with the door to
their room locked.
The Prosecution stated that, the complainant’s son who returned home earlier later
escorted his friend who he had come back from church with to his house with their door
still locked.
The Prosecution stated that, upon his return home, he noticed that their door had been
forcibly opened and became suspicious.
The Prosecution stated that, upon entry he saw the accused in his mother’s room holding
a knife with the items in the room completely scattered.
The prosecution stated that the accused threatened to stab PW2 if he draws closer and
subsequently used the trap door to hit him and escaped leaving his red sandals behind.
The prosecution stated that the accused was pursued but he absconded through a nearby
bush.
The prosecution stated that the complainant who detected afterwards that an amount of
GH₵1,100.00 had been stolen from her room reported the incident to the police who
visited the scene and took photographs for evidential purpose.
The prosecution stated that, on the 9th of June, 2023 the accused was arrested on a different
stealing case and was identified by PW2 as the one he met in his mother’s room on 28th
May, 2023, based on which the accused was cautioned and charged with the offence after
further investigations.
PLEA OF ACCUSED PERSON
The accused pleaded not guilty to the offences when the charges and particulars of the
offences were read and interpreted to him in Ewe.
Witness statements of witnesses of prosecution together with charge statements and
investigation caution statements of the accused persons were filed by the prosecution and
served on him for trial.
THE CASE OF PROSECUTION
The prosecution called the complainant as his first witness, Richardson Amenyo, son of
the complainant as a second witness and the police investigator Ernest Oppong as a third
witness.
In his evidence t
AI Generated Summary
This Magistrate Court criminal trial arose from a daytime break-in at Dzodze. Complainant Eva Domekpor and her son, Richardson Amenyo, left for church with their room locked. Richardson returned, briefly escorted a friend, then discovered the door forced open. Inside, he confronted Philip Ahator, a 20-year-old commercial motor rider, wielding a knife; Ahator struck him with the trap door, fled through nearby bush, and left red sandals behind. Domekpor found GH2,1,100 missing. Police documented the scene and retrieved the sandals. On 9 June 2023, Richardson identified Ahator during a separate arrest; the sandals fit Ahator, and the investigator had previously seen him wearing similar footwear. Ahator denied involvement; his witness admitted not seeing the sandals. Applying the Evidence Act’s burden standard and Ghana’s Criminal Offences Act, the court credited direct and circumstantial evidence, found identity and elements of unlawful entry and stealing proved, convicted Ahator on both counts, and imposed a concurrent 16-month sentence.