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TETTEH
V.
COMMISSIONER OF POLICE

(1963) JELR 84515 (SC)

Supreme Court 22 Oct 1963 Ghana
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BriefBot Summary

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- Appeal allowed; convictions for stealing and falsification of accounts quashed due to prosecution’s failure to prove an actual shortage of petrol or exclude lawful dealings by other employees. - Key legal principle: In theft prosecutions

Case Details

Judges:ADUMUA-BOSSMAN,JSC, OLLENNU, JSC, BLAY JSC
Counsel:P. A. Adjetey for the appellant respondent. D. F. Annan, Senior State Attorney, for the respondent.
Other Citations:[1963] 2 GLR 352 - 358

JUDGMENT

OLLENNU, JSC

The appellant was convicted by the Circuit Judge, Accra, on two counts: the first count charged him with stealing 6,795 gallons of petrol valued at £G1,189 2s. 6d., and the second charged him with falsification of accounts.

The appellant was employed as works clerk in the survey and design section of the Division of Public Construction, which was later converted into the Ghana National Construction Corporation, hereinafter referred to as the corporation, and had served in that capacity for eight years before his conviction. His duties included requisitioning petrol for the running of a number of vehicles used by his section, receiving the petrol when supplied, making a record of the quantities received in a book provided for that purpose, making issues of petrol to the drivers of the said vehicles, and recording the issues he so made in another book; he also had to see to it that each driver to whom he issued any petrol recorded the quantity issued to him in a log-b…

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