Republic Vrs Samuel Wiredu Adarkwah [2022] GHACC 213 (27 October 2022)

Republic Vrs Samuel Wiredu Adarkwah [2022] GHACC 213 (27 October 2022)

The court found that the prosecution established a prima facie case of defrauding by false pretence against the accused, as the accused made false representations, obtained money, failed to provide evidence of the promised trading, and did not refund the money.

Citation
[2022] GHACC 213
Parties
Prosecution: The Republic; Accused: Samuel Wiredu Adarkwah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
27 October 2022
Procedural Posture
Criminal / Ruling on Prima Facie Case
Outcome
prima facie case established; accused called to open defence
Legal Topics
Defrauding by False Pretence, Burden of Proof, Evidence, Fraud, Investment Fraud
Source Language
English
Criminal Law Defrauding by False Pretence Burden of Proof Evidence Fraud Investment Fraud

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Parties

The Republic

Prosecution

Samuel Wiredu Adarkwah

Accused

Procedural Posture

Criminal / Ruling on Prima Facie Case

Legal Issues

  1. 1 Whether the accused obtained money by false pretence
  2. 2 Whether the accused had intent to defraud
  3. 3 Whether the prosecution established a prima facie case

Ratio Decidendi

The court found that the prosecution established a prima facie case of defrauding by false pretence against the accused, as the accused made false representations, obtained money, failed to provide evidence of the promised trading, and did not refund the money.

Court Disposition

prima facie case established; accused called to open defence