REPUBLIC VRS. ADDI (A7/1//2023) [2023] GHADC 1077 (21 June 2023)

REPUBLIC VRS. ADDI (A7/1//2023) [2023] GHADC 1077 (21 June 2023)

The accused falsely represented to the complainant that he would make kitchen cabinets, took GH₵10,000.00, failed to perform, went into hiding, and admitted using the money for betting. The prosecution proved beyond reasonable doubt that the accused defrauded the complainant by false pretence.

Citation
[2023] GHADC 1077
Parties
Prosecution: The Republic; Accused: Gershon Addi; Complainant: Richard Manu
Court
District Court
Jurisdiction
Ghana
Judgment Date
21 June 2023
Case Number
A7/1//2023
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

Gershon Addi

Accused

Richard Manu

Complainant

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 falsely represented to the complainant that he would make kitchen cabinets, took GH₵10,000.00, failed to perform, went into hiding, and admitted using the money for betting. The prosecution proved beyond reasonable doubt that the accused defrauded the complainant by false pretence.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to 6 months imprisonment with hard labour
  • Accused ordered to refund balance of GH₵4,800.00 to the complainant