Republic Vrs Osuman [2023] GHACC 284 (28 February 2023)

Republic Vrs Osuman [2023] GHACC 284 (28 February 2023)

The accused falsely represented his ability and readiness to pay for the onions, induced the complainant to part with the goods, and had no intention or means to pay, thus satisfying all elements of defrauding by false pretences beyond reasonable doubt.

Citation
Republic Vrs Osuman [2023] GHACC 284 (28 February 2023)
Parties
Prosecution: The Republic; Accused: Abubakari Osuman
Court
ghacc
Jurisdiction
Ghana
Judgment Date
28 February 2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentence
Legal Topics
Defrauding by False Pretences, Burden of Proof, Mens Rea, False Representation
Source Language
eng

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Parties

The Republic

Prosecution

Abubakari Osuman

Accused

Procedural Posture

Criminal / Judgment

  1. 1 Whether the accused defrauded the complainant by false pretences beyond reasonable doubt

Ratio Decidendi

The accused falsely represented his ability and readiness to pay for the onions, induced the complainant to part with the goods, and had no intention or means to pay, thus satisfying all elements of defrauding by false pretences beyond reasonable doubt.

Court Disposition

Conviction and sentence

Orders

  • Accused found guilty of defrauding by false pretences
  • Sentenced to pay a fine of 100 penalty units or in default serve 12 months imprisonment in hard labour