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JUDGMENT
The Accused is charged with 3 counts of causing unlawful damage contrary to Section 172 (1) (a)
of Act 29, Unlawful Entry contrary to Section 152 of Act 29, and Stealing contrary to Section 124
(1) of Act 29.
The particulars of the offences are that the Accused on 30th May, 2023 at Sefwi Juaboso
intentionally and unlawfully caused damage to a padlock and a locker valued GH₵ 30.00 the
property of John Opoku, unlawfully entered the kitchen of John Opoku with intent to commit
stealing and dishonestly appropriated cooking utensils valued GH₵ 1,082 the property of John
Opoku.
The facts of the case are that on 30th May, 2023 about 1:00 pm, the complainant John Opoku a
farmer and a residence of Sefwi Juaboso, returned from Juaboso town to the house and wanted to
open his kitchen but to his surprise the padlock had been broken. He entered the kitchen and saw
that his cooking utensils including 2 ladles (GH₵ 30.00 ), 5 saucepans (GH₵ 500.00 ), a basin
(GH₵ 300.00), a coal pot (GH₵ 00.00), 2 spoons (GH₵ 2.00), a shovel (GH₵ 70.00) and a
cooking pot (GH₵ 80.00) all totalling GH₵ 1,082.00 had been stolen. He reported the case to
police, Juaboso and also went to the FM station and a local information centre at Juaboso and
made announcement about the theft of his items. He again informed his neighbours and scrap
dealers at Juaboso to assist him to get the suspect arrested. On that same day Accused went to a
scrap dealer who is a witness in this case with 4 saucepans, one cooking pot, and 2 ladles to offer
same for sale. The scrap dealer took the items to the complainant and he identified same to be his.
On 31st May, 2023 about 5:30 am, Accused went to the scrap dealer’s home for his money and in
the process the scrap dealer arrested him and handed him over to the police, Juaboso and informed
complainant. After investigation, Accused was charged with the offences as stated in the charged
sheet, and put before the court for prosecution.
The prosecution in other to prove their case against Accused called 3 witnesses: the complainant,
John Opoku (PW1), the scrap dealer Jomo Keyantta (PW2) and the investigator in the case,
PW/Constable Margaret Eduah (PW3).
THE CASE FOR THE PROSECUTION
John Opoku testified that on the day of the incident, he returned from town and saw that the
padlock on his kitchen door had been broken and his basin, cooking pot and pans, a ladle and a
shovel had been stolen. That he quickly went to the scrap dealer, Jomo, and a