REPUBLIC VRS ANTHONY AMOAH (B7/75/2024) [2024] GHACC 319 (17 October 2024)

The prosecution failed to prove that the accused made a misstatement amounting to false pretence, knew its falsity, or intended to defraud; thus, no prima facie case was established.

Citation: REPUBLIC VRS ANTHONY AMOAH (B7/75/2024) [2024] GHACC 319 (17 October 2024)
Parties: Prosecution: The Republic; Accused: Anthony Amoah
Court: ghacc
Jurisdiction: Ghana
Judgment Date: 17 October 2024
Procedural Posture: Criminal / Ruling on Submission of No Case
Outcome: acquittal and discharge
Legal Topics: Defrauding by False Pretence, Burden of Proof, Prima Facie Case
Source Language: eng

Criminal Law Defrauding by False Pretence Burden of Proof Prima Facie Case

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Parties

The Republic

Prosecution

Anthony Amoah

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case

Legal Issues

1 Whether the accused made a misstatement amounting to false pretence
2 Whether the accused knew the falsity of the statement
3 Whether the accused acted with intent to defraud

Ratio Decidendi

The prosecution failed to prove that the accused made a misstatement amounting to false pretence, knew its falsity, or intended to defraud; thus, no prima facie case was established.

Court Disposition

acquittal and discharge

Orders

The accused is acquitted and discharged pursuant to section 173 of Act 30.