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
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Mercy Akua Afriyie
Accused
Procedural Posture
Criminal / Judgment and Sentencing
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 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
Full Case Text
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