Try asking the following...
he first two accused persons were arraigned before this Court charged with
conspiracy to commit crime to wit: stealing contrary to section 23 (1) and 124 (1) of the
criminal and the other offences procedure Act 1960 (Act 29) for count one (1) and for
count two (2) stealing contrary to section 124 (1) of the criminal and other offences
Procedure Act 1960 (Act 29).
The third Accused person was charged with Dishonestly Receiving: contrary to
section 146 of the criminal and other offences Procedure Act 1960 (Act 29).
The first Accused person pleaded not guilty after the charges have been read out
and explained to them whilst the second and third accused pleaded guilty simpliciter
and they were convicted and sentenced accordingly.
In the case of Republic Vrs. Adu-Boahen & Another (1993-94) 2 GLR 324-342,
per Kpegah JSC, the 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”.
THE FACTS OF THE CASE
Complainant Constancia Ami Deyegbe is bread baker living at second low-Cost Aflao,
whilst A1 Richard Sosu and A2 Kossi Viho are Labourers and a Togolese National
living at Avedzi and second Low-Cost respectively. A3 Rose Asadzi is a bread baker
living at First Low-Cost, all suburb of Aflao. A1 and A2 are working as labourers for
complainant. A1, had worked with A3 at her bakery store and so they know each other.
During January 2022, complainant detected missing of her 50 bags of 50kg size flour
value GH₵700.00 per bag and 10 bags of 50kg size sugar value GH₵600.00 per bag all
amounting to GH₵41,000.00 from her store room, Since January. On 02/12/2022 about
1:30pm, complainant had a phone call from one Akpene a witness in the case that A1
and A2 were seen with a bag of 50kg size of flour at Aflao Rainbow by the unit
committee members in the area who asked them to return same but they refused. On
07/12/2022, the unit committee members came and informed complainant about what
they saw and both interrogated A1 and A2 and they admitted the offence, and stated
that they have only stolen eight (8) bags of 50kg size of flour and sold three (3) bags at
the cost of GH₵450.00,