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
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Abubakari Osuman
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 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
Full Case Text
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