THE REPUBLIC VRS AFRIYIE (C/BO28/2023) [2024] GHADC 294 (27 March 2024)

THE REPUBLIC VRS AFRIYIE (C/BO28/2023) [2024] GHADC 294 (27 March 2024)

The accused misrepresented ownership of land, obtained GH₵5,500 from the complainant, failed to deliver possession or refund the money, and did not prove ownership. All elements of defrauding by false pretence were established beyond reasonable doubt.

Citation
THE REPUBLIC VRS AFRIYIE (C/BO28/2023) [2024] GHADC 294 (27 March 2024)
Parties
Prosecution: The Republic; Accused: Mercy Akua Afriyie
Court
ghadc
Jurisdiction
Ghana
Judgment Date
27 March 2024
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
Conviction and sentence
Legal Topics
Defrauding by False Pretence, Burden of Proof, Sentencing, Land Fraud
Source Language
eng

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Parties

The Republic

Prosecution

Mercy Akua Afriyie

Accused

Procedural Posture

Criminal / Judgment and Sentencing

  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 the guilt of the accused beyond reasonable doubt

Ratio Decidendi

The accused misrepresented ownership of land, obtained GH₵5,500 from the complainant, failed to deliver possession or refund the money, and did not prove ownership. All elements of defrauding by false pretence were established beyond reasonable doubt.

Court Disposition

Conviction and sentence

Orders

  • Accused convicted of defrauding by false pretence under section 131 of the Criminal Offences Act 1960 (Act 29)
  • Accused sentenced to a fine of 80 penalty units or in default, 6 months' imprisonment