REPUBLIC VRS AGLAWU (B9/01/2023) [2022] GHADC 417 (9 November 2022)

IN THE DISTRICT COURT HELD AT ANLOGA ON WEDNESDAY THE 9TH DAY OF NOVEMBER, 2022. BEFORE HER WORSHIP REJOICE ASEYE GADAGOE, DISTRICT MAGISTRATE CASE NO.: B9/01/2023 THE REPUBLIC VRS AZORLIKE AGLAWU SUMMARY JUDGMENT: CHARGES: 1. Causing unlawful damage contrary to SECTION 172 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29). 2. Unlawful entry: contrary to SECTION 152 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29). 3. Stealing contrary to SECTION 124 (1) OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29) AS AMENDED BY PARA. 4 OF NLCD 398 OF PLEAS: Accused pleaded Guilty Simpliciter to all three Counts. APPLICABLE LAWS: SECTION 172 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29); stipulates thus: “Causing Unlawful Damage (1) A person who intentionally and unlawfully causes damage to property a. To a value not exceeding one million cedis or without a pecuniary value, commits a misdemeanour. ………” SECTION 152 OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29); also provides as follows: “Unlawful Entry A person who unlawfully enters a building with the intention of committing a criminal offence in the building commits a second-degree felony”. SECTION 124 (1) OF THE CRIMINAL OFFENCES ACT, 1960 (ACT 29) AS AMENDED BY PARA. 4 OF NLCD 398 OF 1969 “(1) Stealing: A person who steals commits a second-degree felony”. CONVICTIONS: Accused was convicted on his own Guilty Pleas to the Three Counts. SENTENCES: Count One: The convict was sentenced to 50 Penalty Units. Counts Two and Three: The Convict was sentenced to a Six (6)-month term of imprisonment on each Count. The sentences were to run concurrently. In default of the 50 Penalty Units, the Convict shall serve an additional 3 months in Prison. RESTITUTION ORDER: The Honourable court ordered that the items retrieved from the criminal should be restored to the rightful owner who was also the Complainant. DISTRICT MAGISTRATE 9/11/2022. (SGD) H/W REJOICE ASEYE GADAGOE