Republic Vrs Braimah Willaim [2022] GHADC 273 (15 December 2022)

Republic Vrs Braimah Willaim [2022] GHADC 273 (15 December 2022)

The accused knowingly made false representations about the availability and sale of vehicles, induced the complainant to part with money, and failed to deliver the vehicles or refund the money, thereby defrauding the complainant by false pretence. The prosecution proved its case beyond reasonable doubt, and the accused's inconsistent and untruthful evidence did not raise a reasonable doubt as to his guilt.

Citation
[2022] GHADC 273
Parties
Prosecution: The Republic; Accused: Braimah William; Complainant: Michael Kwaku Owusu
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Defrauding by False Pretence, Burden of Proof, Criminal Procedure, Sentencing
Source Language
English
Criminal Law Defrauding by False Pretence Burden of Proof Criminal Procedure Sentencing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Republic

Prosecution

Braimah William

Accused

Michael Kwaku Owusu

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defrauded the complainant by false pretence in relation to the sale of two vehicles

Ratio Decidendi

The accused knowingly made false representations about the availability and sale of vehicles, induced the complainant to part with money, and failed to deliver the vehicles or refund the money, thereby defrauding the complainant by false pretence. The prosecution proved its case beyond reasonable doubt, and the accused's inconsistent and untruthful evidence did not raise a reasonable doubt as to his guilt.

Court Disposition

conviction

Orders

  • Accused convicted on both counts of defrauding by false pretence.
  • Sentenced to 18 months imprisonment on count one and 6 months imprisonment plus a fine of 200 penalty units on count two, sentences to run consecutively.