Ratio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
YIADOM

(2000) JELR 69871 (HC)    
High Court  ·  20 Jul 2000 ·  Ghana
 · 
Other Citations
[2001-2002] 1 GLR 558
CORAM
QUAYE J

Ratio Decidendi

Core Terms Beta
charge
facts
counsel
prosecution
appeal
balance of the money
conviction
plea
proof
accused person
criminal code
december
general deficiency
offence
shortage
term
account of his conduct
circuit court
cocoa season
common sense
court martial appeal no
criminal trials
dishonest person
facts of the case
facts of the charge
frank adu gyamfi
instant case
latter instance
law
lieutenant ackah
normal course of business
offence of stealing
particulars of the offence
plea of the appellant
property of cashpro cocoa buying co.
prosecution fail
reasonable doubt
republic of ghana
result of the criminal activities of the person
second category
sentence of the appellant
steal cash
submission
submission of counsel
such deficiency
tebeso no
trial court
view

JUDGEMENT

QUAYE J.

This is an appeal from the conviction and sentence of the appellant by the Circuit Court, Bekwai-Ashanti on 13 September 1999. On the record it has been indicated that the appellant was charged before the trial court with the offence of stealing under section 124(1) of the Criminal Code, 1960 (Act 29) as amended by section 4 of the Criminal Code (Amendment) Decree, 1969 (NLCD 398). The particulars of the offence were stated to be that the appellant, while a purchasing clerk during the 1998-99 cocoa season which ended on 30 March 1999 at Tebeso No 2 in the Ashanti circuit did steal cash amounting to ¢2,390,625 which was said to be the property of CASHPRO Cocoa Buying Co.

The plea of the appellant was taken on 13 December 1999 and after he had entered a plea of guilty, the facts of the charge were given. According to the prosecutor, one Frank Adu Gyamfi who was a purchasing officer of CASHPRO gave a sum of ¢11,671,895 to the appellant for the purchase of 83 bags of cocoa…

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