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March 30, 2023
CIRCUIT COURT
GHANA
CORAM
The accused person was charged with Deceiving a Public Officer contrary to section 251 (b) of Act 29 as amended by section 5 of the Criminal Offences (Amendment Act 2020), (Act 1034) on Count 8 and Stealing contrary to section 124 (1) of Act 29 on Count 9.
BRIEF FACTS OF THE CASE BY PROSECUTION
On 2nd February, 2019, accused received one thousand cartons of Maggi shrimp tablets valued at GHC227, 000.00 from complainant Sammie Laryea to supply same to her customers at Okaishie and return the proceeds within two weeks. Accused with intent to defraud the complainant, sold the goods but failed to return the proceeds to the complainant after several demands by the complainant and she went into hiding. On 10th May, 2019, the accused made a report to Accra Central Police that about a month ago, she was attacked by thieves at Tudu and an amount of GHC420, 000.00 was stolen from her. Police on receipt of the report did further interrogation and realized that her story was false. Accused was charged with the offences and brought before the Court.
Counsel for accused person submitted a written address dated 27th March, 2023 on her behalf.
THE BURDEN AND STANDARD OF PROOF
Clause 2(c) Article 19 of the 1992 Constitution states that a person charged with a criminal offence shall be presumed to be innocent until he is proved guilty or has pleaded guilty. It is therefore incumbent on prosecution to prove the guilt of the accused person since she has pleaded not guilty to all the counts in the Charge Sheet. The burden of proving the guilt of the accused person requires prosecution to produce sufficient evidence so that on all the evidence a reasonable mind could find the existence of the fact beyond reasonable doubt. This burden only shifts to the defence, when prosecution discharges its burden to satisfy the court that indeed she has committed the crimes for which she is charged.
Section 10(2) of the Evidence Act, 1975 (NRCD 323) makes it mandatory for the prosecution to satisfy the burden cast on it to win the case.
EVALUATION OF EVIDENCE ADDUCED AT THE TRIAL
The courts have held that the citizen too is entitled to protection against the state and that our law is that a person accused of a crime is presumed innocent until his guilt is proved beyond reasonable doubt as distinct from fanciful doubt. See OKEKE VRS THE REPUBLIC (2012) 41 MLRG 53 at 62 PER SOPHIA AKUFO JSC; and OTENG VRS THE STATE (1966) GLR 355.
I will proceed to evaluate the evidence adduced by pro
AI Generated Summary
At the Accra Additional Circuit Court, H/L Adelaide Abui Keddey acquitted an accused woman of two charges: deceiving a public officer under section 251(1)(b) of Act 29, as amended by Act 1034, and stealing under sections 124(1) and 125 of Act 29. The prosecution alleged that on 2 February 2019 the accused received 1,000 cartons of Maggi shrimp tablets worth GHC 227,000 from Samuel (Sammie) Laryea of Kaysens Gaisie to sell at Okaishie and remit proceeds within two weeks, later reported a robbery at Tudu of GHC 420,000 to the Accra Central Police, and failed to account. Applying Article 19(2)(c) of the 1992 Constitution and section 10(2) of the Evidence Act, the court held the prosecution did not prove beyond reasonable doubt an endeavour to deceive the police or the essential elements of stealing, noting inadequate investigation and that the goods were consigned for sale, creating a legitimate claim. The court therefore discharged the accused on both counts.