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COMMISSIONER OF POLICE
V.
BELLO

(1961) JELR 84199 (SC)

Supreme Court 13 Nov 1961 Ghana
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- The appellant, charged under the Criminal Code, 1960 (Act 29), for stealing £G3 10s. by allegedly inducing the complainant to pay an excessive fee for document preparation, denied receiving more than ten shillings, for which he issued a r

Case Details

Judges:SARKODEE-ADDO J., ADUMUA-BOSSMAN JSC, CRABBE JSC.
Counsel:Appellant in Person. K. Dua Sakyi with him Sarkodee for the Respondent.
Other Citations:[1961] 2 GLR 647 - 652

JUDGMENT

CRABBE, J.S.C.

[His lordship rehearsed the facts as set out in the headnote and continued:] The appellant obviously had the penalty under the Illiterates Protection Ordinance Cap. 262 (1951 Rev.) in mind when he strenuously denied that he received the sum of £G3 10s. From the complainant as remuneration for preparing the documents. He maintained that he charged only ten shillings for his services and issued a receipt, exhibit B, for that amount. We are, however, satisfied that there was ample evidence on record to sustain the allegation that the complainant paid the sum of £G3 10s. To the appellant on the 17th September, 1960. But the crucial matter to determine was whether the appellant was guilty of stealing. The offence of stealing is defined in section 125 of the Criminal Code, 1960 Act 29 as follows: “A person steals if he dishonestly appropriates a thing of which he is not the owner." In section 120 there is an explanation of what amounts to dishonest appropriation.

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