Republic Vrs Emmanuel Tenkorang [2022] GHADC 278 (15 December 2022)

Republic Vrs Emmanuel Tenkorang [2022] GHADC 278 (15 December 2022)

The accused falsely represented to the complainant that he could provide a Toyota Highlander, induced payment of GH¢20,000.00, and failed to deliver the car or refund the money, knowing he had no such car for sale. The prosecution proved all elements of defrauding by false pretence beyond reasonable doubt. The accused offered no defence or challenge to the prosecution's evidence.

Citation
[2022] GHADC 278
Parties
Prosecution: The Republic; Accused: Emmanuel Tenkorang @ Snr Most Evangelist Ek Manu; Complainant: Simon Boison @ Simon Kofi Gyan
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, Elements of Fraud
Source Language
English
Criminal Law Defrauding by False Pretence Burden of Proof Elements of Fraud

Case Brief

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Parties

The Republic

Prosecution

Emmanuel Tenkorang @ Snr Most Evangelist Ek Manu

Accused

Simon Boison @ Simon Kofi Gyan

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defrauded the complainant by falsely representing he could secure a Toyota Highlander upon part payment of GH¢20,000.00

Ratio Decidendi

The accused falsely represented to the complainant that he could provide a Toyota Highlander, induced payment of GH¢20,000.00, and failed to deliver the car or refund the money, knowing he had no such car for sale. The prosecution proved all elements of defrauding by false pretence beyond reasonable doubt. The accused offered no defence or challenge to the prosecution's evidence.

Court Disposition

conviction and sentence

Orders

  • Accused convicted of defrauding by false pretence.
  • Accused sentenced to 18 months imprisonment in hard labour.