REPUBLIC VRS ADAMS (127/2021) [2024] GHACC 115 (21 March 2024)
The prosecution failed to prove beyond reasonable doubt that the accused misrepresented facts or intended to defraud the complainant; the evidence established a failed business transaction rather than a criminal offence.
- Citation
- REPUBLIC VRS ADAMS (127/2021) [2024] GHACC 115 (21 March 2024)
- Parties
- Prosecution: The Republic; Accused: Kofi Adams
- Court
- ghacc
- Jurisdiction
- Ghana
- Judgment Date
- 21 March 2024
- Procedural Posture
- Criminal / Judgment
- Outcome
- acquittal
- Legal Topics
- Defrauding by False Pretence, Burden of Proof, Misrepresentation
- Source Language
- eng
Case Brief
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Parties
The Republic
Prosecution
Kofi Adams
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused defrauded the complainant by false pretence under Section 131 of the Criminal Offences Act, 1960 (Act 29)
- 2 Whether the prosecution proved its case beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused misrepresented facts or intended to defraud the complainant; the evidence established a failed business transaction rather than a criminal offence.
Court Disposition
acquittal
Orders
- The accused person is hereby discharged.
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