COMMISSIONER OF POLICE
V.
ISAAC ANTWI

(1961) JELR 67542 (SC)

Supreme Court 26 Jun 1961 Ghana
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- Conviction quashed due to misdirection: the trial judge improperly shifted the legal burden of proof onto the accused in a prosecution for stealing, contrary to the settled common law principle that the prosecution must prove guilt beyond

Case Details

Judges:KORSAH JSC, C. J. JSC, SARKODEE-ADOO JSC,AKIWUMI JSC
Counsel:VICTOR OWUSU, WITH HIM HEWARD-MILLS FOR THE APPELLANT,K. DUA-SAKYI FOR THE RESPONDENT (THE STATE).

KORSAH C.J.

The appellant was convicted by the circuit judge at Kumasi on the 14th February, 1961, of stealing by means of his employment, for that he during the months of May and June, 1958, stole cash the sum of £G92, the property of the Ashanti Turf Club, Limited, to which sum he had the means of access by reason of his office as a managing director of the Ashanti Turf Club, and was sentenced to five months’ imprisonment with hard labour. At the trial the defence to the charge was that from time to time monies were received from the cashier and the amounts jotted down on paper and finally a voucher covering £G132 was prepared and signed by the appellant; the amount so received was used in the Turf Club business in which no receipts were taken and no receipts were in the circumstances necessary. By the appellant’s service agreement he was authorised, inter alia, to:

“exercise and carry out all such powers and duties and shall observe all such directions and restrictions as the Board …

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