Republic Vrs Charles Okonah [2022] GHADC 274 (15 December 2022)

Republic Vrs Charles Okonah [2022] GHADC 274 (15 December 2022)

The accused person knowingly made false representations to the complainant to induce payment for cars he could not deliver, went into hiding after receiving the money, and failed to refund the amount, thereby satisfying all elements of defrauding by false pretence. The accused's defence was found to be an afterthought and not credible.

Citation
[2022] GHADC 274
Parties
Prosecution: The Republic; Accused: Charles Okonah; Complainant: Owusu Afriyie
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defrauding by False Pretence, Burden of Proof, Intent to Defraud
Source Language
English
Criminal Law Defrauding by False Pretence Burden of Proof Intent to Defraud

Case Brief

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Parties

The Republic

Prosecution

Charles Okonah

Accused

Owusu Afriyie

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defrauded the complainant by false pretence contrary to section 131 of the Criminal and Other Offences Act, 1960 (Act 29)

Ratio Decidendi

The accused person knowingly made false representations to the complainant to induce payment for cars he could not deliver, went into hiding after receiving the money, and failed to refund the amount, thereby satisfying all elements of defrauding by false pretence. The accused's defence was found to be an afterthought and not credible.

Court Disposition

conviction and sentence

Orders

  • Accused to serve twenty-four (24) months imprisonment in hard labour.
  • Accused to pay a fine of one hundred (100) penalty units or in default serve six (6) months imprisonment in hard labour.