GH - ZAKARIA MUSAH v. THE REPUBLIC

JUDGMENT

INTRODUCTION

This an Appeal against the decision of the Circuit Court, Sogakope on the 17th day of

October 2022 before His Honour Isaac Addo Esq. The decision complained about in this

instant appeal appears on pages 6 to 8 of the Record of Appeal (ROA) and the Notice of

Appeal in accordance with Section 326 of the Criminal and Other Offences (Procedure)

Act, 1960 (Act 30) was filed on the 8th day of November 2022. On the 17th day of October

2022, the Trial Circuit Court Judge found the accused person guilty of the offences

contained in the Charge Sheet filed on the 3rd day of October 2022. In this appeal by the

Appellant/Convict from the decision of the Circuit Court, the charge for which Appellant

was convicted giving rise to this appeal reads as follows:

THE CHARGE: DISHONESTLY RECEIVING CONTRARY TO SECTION 147 (1) OF

THE CRIMINAL OFFENCES ACT, ACT 29, 1960.

PARTICULARS OF OFFENCE

ZAKARIA MUSA age 26 (farmer), on 27/09/2022, at Battor- Dordikpoe in the Volta

Circuit and within the jurisdiction of this Court, you dishonestly received one Tecno

Spark 7 mobile phone value GHc 1,000. 00 at GHc 300.00 the property of Charles

Dorbordoe which you know to have been obtained by means of crime to wit stealing.

The facts of the case are as follows:- According to the facts presented by Prosecution,

Complainant, Charles Dorbordoe is a teacher. Al, Francis Afedo @Capo is a farmer, A2,

Zakaria Musah is a scrap dealer and A3, Ikenna Ojinnak is a phone repairer. The

complainant is a resident of Tsito near Ho and a native of Battor. Al, A2 and A3 reside in

Battor and Mepe respectively. On 23/09/2022, the complainant had arrived at his

hometown Battor to attend a meeting over his deceased father. That on 27/09/2022 at

about 17.50 hours, the complainant left his Tecno Spark 7 mobile phone valued

GH¢1,000.00 on charge in his verandah on a table and left for his father's house to attend

the funeral meeting. The complainant returned around 18.40 hours but his said mobile

phone was nowhere to be found. That during that period, witnesses in the case who

spotted Al unplugging the said mobile phone described him and his residence to the

complainant. On 28/09/2022, the complainant with the assistance of other witnesses

handed him over to the Aveyime police and made a formal report. In the course of

investigations, the Police rearrested Al who was cautioned. Al in his cautioned statement

mentioned A2 as his accomplice. That crime scene was vi