(1973) JELR 63634 (HC)    
High Court  ·  26 Jun 1973 ·  Ghana
Other Citations
[1973] 2 GLR 421
Core Terms Beta
criminal code
brass nuts
general meeting
company’s premises
managing director
premises of the company
prima facie case
agents of the company
criminal procedure code
disposal of such property
only time
statutory corporation
tittle of evidence
accused invite
accused lives
ample evidence
circumstances of each particular case
criminal pleading
defence counsel
definition of a company
employees of the company
end of the case
ether exhibit a
evidence of the agents
exhibit b
first count
guilty intent
hours of the company
impan pam store man tries
manager of the company
only person
particular case
police officers
second count
second prosecution witness
star witness
straight forward case
sufficient evidence
supervision of police officers
theft of exhibit b
vicarious liability
view of the provisions of section

CHARLES CRABBE J.: The accused is charged on two counts of dishonestly receiving, on the first count 860 brass nuts and on the second count 23 water meters.

At the end of the case for the prosecution, counsel for the accused submitted that no prima facie case had been made against the accused. The accused was charged under section 146 of the Criminal Code, 1960 (Act 29), which is a straight forward case of dishonestly receiving stolen property knowing it to have been stolen or knowing it to have been dishonestly appropriated. According to Archbold, Criminal Pleading, Evidence and Practice (36th ed.), there are certain ingredients to be proved. The first is that if it is stealing, then the theft must be proved. If it is dishonestly appropriated, that must be proved. Having proved that, the prosecution must go further and prove that the accused did receive the goods that were misappropriated in any of the following manners: that is, with guilty intent, knowing or should have known or oug…

There's more. Sign in to continue reading. is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login