THE REPUBLIC v. YAW TAWONU AND KANKAM DANKWA

JUDGMENT

The Accused Person herein was charged together with 1st Accused Person for

conspiracy to steal and stealing contrary to Sections 23(1) and 124(1) of the Criminal and

Other Offences Act, 1960 (Act 29). He was also charged with assault on Public Officer

contrary to section 205(A) of Act 29.

The Accused Person pleaded not guilty to Counts one(1) and two (2) and he pleaded

guilty with explanation to Count three (3) after same had been read out and explained

to him. The Court upon hearing the explanation given by the Accused Person on

Count three (3) ruled that, it raised a defence in law and accordingly entered a plea of

“not guilty” on Count three (3) for Accused Person.

st Accused Person who had been charged with Accused Person presently standing

trial pleaded guilty to the charges laid against him and was dealt with on the same

day. The Court proceeded to try 2

nd Accused Person on account of his plea of not guilty

on all Counts.

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

The facts as presented by the Prosecution were that, on 22nd June, 2020, the

Complainant, a Police officer aided a victim in the retrieval of a stolen mobile phone

from 1st Accused Person and 2nd Accused Person. Following this, 2nd Accused Person

assaulted the Complainant and when the matter was reported to the Police, the

Accused Persons were charged with the offences stated supra and arraigned before

this honourable Court.

The Prosecution called three (3) witnesses PW1, PW2& PW3 who essentially

corroborated the case of the Prosecution.

THE CASE OF THE DEFENCE

The Accused testified that, on the 22nd of June, 2020 at about 3 pm, he and the 1st

Accused Person met a young boy running with a phone. The Accused Person

continued that, the 1st Accused took the phone from the boy and thinking that they

knew each other, the Accused Person did not pay them much attention. The Accused

further added that, they came across a group of men which included the Complainant

who demanded that the phone be returned to the boy and without any provocation,

the Com