The Republic Vrs Gawsu [2022] GHADC 264 (20 December 2022)

The Republic Vrs Gawsu [2022] GHADC 264 (20 December 2022)

The accused knowingly made false representations to the complainant, causing him to part with GHS270,600.00, and admitted to the allegations in his cautioned statement. The prosecution proved the offence of defrauding by false pretence beyond reasonable doubt.

Citation
[2022] GHADC 264
Parties
Prosecution: The Republic; Accused: Sulemana Gawsu
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 December 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defrauding by False Pretence, Burden of Proof, Sentencing
Source Language
English
Criminal Law Defrauding by False Pretence Burden of Proof Sentencing

Case Brief

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Parties

The Republic

Prosecution

Sulemana Gawsu

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defrauded the complainant by false pretence under section 131 of the Criminal Offences Act 1960 (Act 29)
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The accused knowingly made false representations to the complainant, causing him to part with GHS270,600.00, and admitted to the allegations in his cautioned statement. The prosecution proved the offence of defrauding by false pretence beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to 23 months imprisonment in hard labour.
  • Accused to refund GHS270,600.00 to the complainant.