REPUBLIC VRS DAMIAN & ANOTHER AT LARGE (D2/168/2023) [2024] GHACC 67 (15 February 2024)

REPUBLIC VRS DAMIAN & ANOTHER AT LARGE (D2/168/2023) [2024] GHACC 67 (15 February 2024)

The prosecution proved beyond reasonable doubt that the accused conspired with another to defraud by making false representations, resulting in the complainant parting with GHC 36,583. The evidence from witnesses and documentary exhibits established all elements of the offences charged.

Citation
REPUBLIC VRS DAMIAN & ANOTHER AT LARGE (D2/168/2023) [2024] GHACC 67 (15 February 2024)
Parties
Prosecution: The Republic; Accused: Nyambu Damian; Accused (at Large): Samuel Ablaya
Court
ghacc
Jurisdiction
Ghana
Judgment Date
15 February 2024
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Conspiracy, Defrauding by False Pretence
Source Language
eng
Criminal Law Conspiracy Defrauding by False Pretence

Case Brief

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Parties

The Republic

Prosecution

Nyambu Damian

Accused

Samuel Ablaya

Accused (at Large)

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of conspiracy to commit crime to wit defrauding by false pretence
  2. 2 Whether the accused is guilty of defrauding by false pretence

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused conspired with another to defraud by making false representations, resulting in the complainant parting with GHC 36,583. The evidence from witnesses and documentary exhibits established all elements of the offences charged.

Court Disposition

conviction

Orders

  • Accused found guilty on both counts of conspiracy and defrauding by false pretence.
  • Accused sentenced to 6 months in prison custody and a fine of 700 penalty units on each count, in default another 6 months in prison custody per count.