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MENSAH KELVIN V. THE REPUBLIC

(2023) JELR 112126 (HC)

High Court  •  F22/20/2023  •  14 Mar 2023  •  Ghana

Coram
CHARITY A. ASEM (MRS), J

Appearances
AKORFA OSEI FOR APPELLANT JOSEPH OPUSUMA (ASA) HOLDING BRIEF FOR NANA KONADU (ASA) FOR RESPONDENT

Judgement
<p class="ql-align-center"><strong><u><span style="background-color: transparent">JUDGMENT</span></u></strong></p><p><span style="background-color: transparent">The appellant who is aged 25 years was convicted for the offences of</span></p><p><span style="background-color: transparent">(1) Unlawful entry Contrary to Section 152 of the Criminal Offences Act 1960 (Act 29).</span></p><p><span style="background-color: transparent">(2) Stealing Contrary to Section 124(1) of Act 29.</span></p><p><span style="background-color: transparent">When put before court, he pleaded not guilty to the charges. After full trial the Circuit Court presided over by Hs Honour Michael Johnson Abbey found merit in the prosecution case and convicted the appellant and on the 6/07/2022 sentenced him to prison term of 2 years IHL.</span></p><p><span style="background-color: transparent">The facts leading to this case as disclosed from the record of appeal and statement of facts attached indicate that the appellant entered the shop of the complainant unlawfully and stole the items retrieved from him when arrested. Though he denied the offence he could not lead the police to ascertain the truth or otherwise of all the persons he mentioned to have sold the items to him.</span></p><p><span style="background-color: transparent">I also reckon from the record that appellant had similar cases pending before court against him which the trial court took jud…</span></p>

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