The Rep. Mohammed Bassat & Anor. [2023] GHACC 56 (13 February 2023)

The Rep. Mohammed Bassat & Anor. [2023] GHACC 56 (13 February 2023)

The prosecution failed to prove the essential ingredients of the offence as the representations alleged in the charge sheet were not supported by the evidence of the prosecution witnesses. There was no evidence that the accused represented himself as a gold dealer with investments in Ghana to the complainant. Therefore, no prima facie case was established and the accused was acquitted and discharged.

Citation
[2023] GHACC 56
Parties
Prosecutor: The Republic; Accused: Mohammed Bassat; Accused: Eden Bassat; Complainant: Elizabeth Machal
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
13 February 2023
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer at Close of Prosecution's Case
Outcome
acquittal and discharge
Legal Topics
Defrauding by False Pretence, Elements of Criminal Offence, Prima Facie Case, Acquittal
Source Language
English
Criminal Law Defrauding by False Pretence Elements of Criminal Offence Prima Facie Case Acquittal

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Parties

The Republic

Prosecutor

Mohammed Bassat

Accused

Eden Bassat

Accused

Elizabeth Machal

Complainant

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer at Close of Prosecution's Case

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of defrauding by false pretence against the accused
  2. 2 Whether the essential ingredients of the offence were proved by the prosecution

Ratio Decidendi

The prosecution failed to prove the essential ingredients of the offence as the representations alleged in the charge sheet were not supported by the evidence of the prosecution witnesses. There was no evidence that the accused represented himself as a gold dealer with investments in Ghana to the complainant. Therefore, no prima facie case was established and the accused was acquitted and discharged.

Court Disposition

acquittal and discharge

Orders

  • Accused person Mohammed Bassat is acquitted and discharged of the offence of defrauding by false pretences contrary to section 131 of Act 29 forthwith.