REPUBLIC VRS FRED KWAKU SAM (D5/14/19) [2022] GHACC 299 (10 October 2022)

Prosecution failed to prove the accused made, altered, or knew the cheque was forged, nor that he had intent to defraud or commit a crime. No prima facie case was made out on any charge.

Citation: [2022] GHACC 299
Parties: Prosecution: The Republic; Accused: Fred Kwaku Sam
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 10 October 2022
Case Number: D5/14/19
Procedural Posture: Criminal / Ruling on Whether a Prima Facie Case Has Been Made Out at Close of Prosecution's Case
Outcome: Acquittal
Legal Topics: Forgery, Possession of Forged Documents, Uttering Forged Documents, Attempt to Commit Crime, Stealing
Source Language: English

Criminal Law Forgery Possession of Forged Documents Uttering Forged Documents Attempt to Commit Crime Stealing

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Parties

The Republic

Prosecution

Fred Kwaku Sam

Accused

Procedural Posture

Criminal / Ruling on Whether a Prima Facie Case Has Been Made Out at Close of Prosecution's Case

Legal Issues

1 Whether the accused forged the cheque or altered it with intent to defraud
2 Whether the accused possessed a forged document knowing it was forged
3 Whether the accused uttered or used a forged document knowing it was forged

Ratio Decidendi

Prosecution failed to prove the accused made, altered, or knew the cheque was forged, nor that he had intent to defraud or commit a crime. No prima facie case was made out on any charge.

Court Disposition

Acquittal

Orders

Accused is acquitted on all charges.