[2000]DLHC1258July 20, 2000High Court

REPUBLIC vs. YIADOM

The appellant, a purchasing clerk for CASHPRO Cocoa Buying Co., was entrusted with ¢11,671,895 to purchase 83 bags of cocoa during the 1998/99 season. He purchased only 66 bags valued at ¢9,281,250 and was unable to account for the remaining ¢2,390,625. Upon pressure regarding the discrepancy, the appellant absconded, leading to his charge for stealing.

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JUDGEMENT Quaye J. This is an appeal from the conviction and sentence of the appellant by the Circuit Court, Bekwai-Ashanti on 13 September 1999. On the record it has been indicated that the appellant was charged before the trial court with the offence of stealing under section 124(1) of the Criminal Code, 1960 (Act 29) as amended by section 4 of the Criminal Code (Amendment) Decree, 1969 (NLCD 398). The particulars of the offence were stated to be that the appellant, while a purchasing clerk during the 1998-99 cocoa season which ended on 30 March 1999 at Tebeso No 2 in the Ashanti circuit did steal cash amounting to ¢2,390,625 which was said to be the property of CASHPRO Cocoa Buying Co. The plea of the appellant was taken on 13 December 1999 and after he had entered a plea of guilty, the facts of the charge were given. According to the prosecutor, one Frank Adu Gyamfi who was a purchasing officer of CASHPRO gave a sum of ¢11,671,895 to the appellant for the purchase of 83 .....