REPUBLIC VRS OKYERE (D6/128/2020) [2024] GHACC 181 (22 January 2024)

Prosecution failed to prove that accused's representation was false or made without belief in its truth; evidence showed attempts to secure visas, resulting in breach of contract, not criminal fraud.

Citation: REPUBLIC VRS OKYERE (D6/128/2020) [2024] GHACC 181 (22 January 2024)
Parties: Prosecution: The Republic; Accused: Seth Okyere
Court: ghacc
Jurisdiction: Ghana
Judgment Date: 22 January 2024
Procedural Posture: Criminal / Final Judgment
Outcome: acquittal
Legal Topics: Defrauding by False Pretence, Burden of Proof, Mens Rea, Contractual Breach
Source Language: eng

Criminal Law Defrauding by False Pretence Burden of Proof Mens Rea Contractual Breach

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

The Republic

Prosecution

Seth Okyere

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

1 Whether accused defrauded by false pretence under section 131(1) of Act 29
2 Whether prosecution proved essential elements of the offence beyond reasonable doubt

Ratio Decidendi

Prosecution failed to prove that accused's representation was false or made without belief in its truth; evidence showed attempts to secure visas, resulting in breach of contract, not criminal fraud.

Court Disposition

acquittal

Orders

Accused found not guilty of defrauding by false pretence
Accused acquitted and discharged forthwith