The Republic Vrs Mohammed [2023] GHADC 509 (5 April 2023)

The Republic Vrs Mohammed [2023] GHADC 509 (5 April 2023)

The prosecution proved beyond reasonable doubt that the accused obtained GHS2,000.00 from the complainant by false pretence, with no credible defence, thus satisfying all elements of the offence under section 131 of Act 29.

Citation
[2023] GHADC 509
Parties
Prosecution: The Republic; Accused: Zubeiru Mohammed
Court
District Court
Jurisdiction
Ghana
Judgment Date
5 April 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defrauding by False Pretence, Burden of Proof, Criminal Procedure
Source Language
English
Criminal Law Defrauding by False Pretence Burden of Proof Criminal Procedure

Case Brief

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Parties

The Republic

Prosecution

Zubeiru Mohammed

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

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

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the accused obtained GHS2,000.00 from the complainant by false pretence, with no credible defence, thus satisfying all elements of the offence under section 131 of Act 29.

Court Disposition

conviction and sentence

Orders

  • Accused fined 100 penalty units; in default, 6 months imprisonment in hard labour.
  • Accused to compensate complainant Suradi Mahammed GHS2,000.00 forthwith.