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THE REPUBLIC
V.
NANA OSEI KWADJO II

(2008) JELR 68436 (SC)

Supreme Court 11 Jul 2008 Ghana
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- The Supreme Court allowed the appeal, holding that a bona fide claim of right under section 15 of the Criminal Code (Act 29) is a complete defence to stealing, as it negates the requisite mens rea. - The majority rejected the prosecution’

Case Details

Suit Number:CRIMINAL APPEAL NO. 2/2000
Judges:MRS. WOOD C.J. (PRESIDING), KPEGAH J.S.C. , ATUGUBA J.S.C., MISS AKUFFO J.S.C., DR. DATE-BAH J.S.C.
Counsel:SAM WOODE FOR THE APPELLANT; ERIC FRANCIS AMISON AGBOLOSU CHIEF STATE ATTORNEY.
Other Citations:(2008) JELR 66787 (SC)

KPEGAH, J.S.C.

My Lords, I am not certain whether to describe this judgment as a valedictory judgment or not. However, since there may be a good possibility of it turning out to be so because I have to start listening to my body and the advice of my doctors after my spinal surgery. I have been advised that long hours of sitting is not advisable for a person who has the type of surgery that I had, and since this job is mainly sedentary, I have to start considering bowing out and find myself a more convenient way of life in the future. I will therefore be candid and frank in my views on a series of legal issues which I consider not only relevant to the appeal before us but also very critical to the development of our jurisprudence in the area of the protection of the fundamental rights of the individual as enshrined in chapter Five of our Constitution, 1992. Some of the legal issues I have in mind greatly informed my position in this case. And, since this might be the last time I may be …

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