REPUBLIC VRS YAKUBU [2024] GHAHC 336 (4 June 2024)

REPUBLIC VRS YAKUBU [2024] GHAHC 336 (4 June 2024)

The accused admitted to defrauding the complainant by false pretence, having obtained money through false representations and failing to deliver the promised goods. The guilty plea, partial restitution, and the circumstances of the offence informed the sentence and restitution order.

Citation
REPUBLIC VRS YAKUBU [2024] GHAHC 336 (4 June 2024)
Parties
Prosecution: The Republic; Accused: Issah Yakubu
Court
ghahc
Jurisdiction
Ghana
Judgment Date
4 June 2024
Procedural Posture
Criminal / Judgment After Plea of Guilty
Outcome
conviction and sentence
Legal Topics
Defrauding by False Pretence, Sentencing, Restitution
Source Language
eng
Criminal Law Defrauding by False Pretence Sentencing Restitution

Case Brief

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Parties

The Republic

Prosecution

Issah Yakubu

Accused

Procedural Posture

Criminal / Judgment After Plea of Guilty

Legal Issues

  1. 1 Whether the accused defrauded the complainant by false pretence under Section 131 of the Criminal Offences Act 1960 (Act 29)
  2. 2 Appropriate sentence and restitution for the offence

Ratio Decidendi

The accused admitted to defrauding the complainant by false pretence, having obtained money through false representations and failing to deliver the promised goods. The guilty plea, partial restitution, and the circumstances of the offence informed the sentence and restitution order.

Court Disposition

conviction and sentence

Orders

  • The convict is sentenced to 4 years imprisonment in hard labour.
  • The convict shall refund GHC 347,000.00 to the complainant or serve an additional 3 years imprisonment in default.