[1979]DLHC1068 • October 10, 1979 • High Court
IDDI vs. THE REPUBLIC
The appellants were charged with abetment of stealing two government ceiling fans allegedly stolen by Paul Kwabena Frans, who was acquitted. The prosecution alleged Frans removed the fans from a government bungalow and gave them to the appellants to sell. The appellants admitted receiving and selling the fans but denied knowledge that they were stolen. The court found the fans were still in place, corroborating Frans's denial of theft.
read moreJUDGMENT OF TAYLOR J. On 29 August 1979, I allowed the appeal of the appellants and quashed their convictions for the offence of dishonestly receiving. I also set aside the sentences of nine months’ imprisonment with hard labour imposed on each of them and I acquitted and discharged them reserving my reasons for quashing their convictions to today. I now proceed to give the said reasons. One Paul Kwabena Frans and the two appellants were arraigned before the Circuit Court, Wa, on a two-count charge sheet, in which the said Frans was charged in count one with stealing two ceiling fans valued ¢700, the property of the Ghana Government, contrary to section 124 of the Criminal Code, 1960 (Act 29). The appellants were charged in count two with the offence of abetment of stealing contrary to sections 20 (1) and 124 of Act 29. The particulars of the offence which they faced jointly are that they did purposely encourage the said “Paul Kwabena Frans to commit crime to wit stealing.” A...