KRAMO WALA vs. THE REPUBLIC [1973]DLHC2396

Date	1973-07-07
Suit No.
Citation No.	[1973]DLHC2396

OWUSU-ADDO J.

KORSA FOR THE APPELLANT.

MISS SEFA BOAKYE FOR THE REPUBLIC.

[1973]DLHC2396
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													<main id="main" class="content" style="min-height: 60rem" >KRAMO WALA <o:p></o:p>vs. <o:p></o:p>THE REPUBLIC <o:p></o:p>[HIGH COURT,
KUMASI]<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;[1973]
1 GLR 287<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
7 JULY 1972.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

KORSA FOR THE APPELLANT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

OWUSU-ADDO J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF OWUSU-ADDO J.<o:p></o:p>On 21
February 1972 the appellant who had been charged with stealing was convicted by
a Kumasi circuit court and was sentenced to two years’ imprisonment with hard
labour. The case for the prosecution was briefly this: the room of Abudulai
Adam, the first prosecution witness, was broken into during the night of 8
February 1972 when he had gone to visit his brother and his wireless set, wrist
watch and accordion were stolen. On the following day at about 4 p.m., he went
to a nearby shop to buy cigarettes where he saw the appellant playing his
missing accordion. He asked the appellant how he came by the accordion and he
replied that he had picked it up from the ground. He therefore invited the
appellant to the Manhyia Police Station. The appellant having been charged with
stealing the first prosecution witness’s missing articles made a statement,
exhibit A, to the effect that he was going to a public lavatory at Ashanti New
Town at about 5.30 a.m. on 9 February 1972, when he saw the accordion lying on
the ground. He therefore picked it up and took it to his brother’s shop. He
denied having stolen it from the first prosecution witness’s room. In his
defence he relied on his statement, exhibit A.<o:p></o:p><o:p>&nbsp;</o:p>Against
his conviction and sentence the appellant has appealed to this court relying on
the additional grounds of appeal filed on his behalf in the following terms:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">&nbsp;“(1) The learned circuit court judge
misdirected himself in law in convicting the accused when he stated that, the
law is that when a person picks up a thing knowing it to belong to somebody and
decides to keep it he has stolen it. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(2) The
judgment is unjust and unreasonable having regard to evidence.”<o:p></o:p>In his
argument the learned counsel for the appellant referred to the definition of
stealing by finding as set out in section 127 of the Criminal Code, 1960 (Act
29), and emphasized that the facts adduced by the prosecution failed to
establish or prove the offence created by that section. Counsel further
expounded the law relating to stealing by finding as decided in the cases of R.
v. Thurborn (1849) 1 Den. 387, C.C.R.; R. v. Glyde (1868) 11 Cox C.C. 103, C.C.R.
and R. v. Knight (1871) 12 Cox C.C. 102, C.C.R. The learned state attorney
however urged that the case against the appellant falls under section 127 (b)
of the Criminal Code, 1960, and explained that she was dwelling her submission
on the appellant’s own admission made to the effect that he knew that the
accordion belonged to someone in the area and for that matter he took it. But
neither did he make any effort to find the owner nor tell “the big man” in
their area about the accordion. She cited the cases of R. v. Moore (1861) 8 Cox
C.C. 416, C.C.R. and R. v. Mortimer (1908) 1 Cr.App.R. 20, C.C.A. to support
her submission.<o:p></o:p>The
provisions of section 127 of the Criminal Code are set out hereunder:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“127. A
person who appropriates a thing which appears to have been lost by another is
not guilty of stealing it, unless- <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(a) at
the time of appropriating it, he knows who is the owner of the thing or by whom
it has been lost; or <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(b) the
character or situation of the thing, or the marks upon it, or any other circumstances
is or are such as to indicate the owner of the thing or the person by whom it
has been lost; or <o:p></o:p>