REPUBLIC VRS YAKUBU (NR/TL/HC/CC7/1/23) [2024] GHAHC 337 (4 June 2024)

REPUBLIC VRS YAKUBU (NR/TL/HC/CC7/1/23) [2024] GHAHC 337 (4 June 2024)

The accused, by his own admission and the evidence, intentionally deceived the complainant to part with money under false pretences, constituting the offence under Section 131 of Act 29. The guilty plea, partial restitution, and mitigating factors were considered in sentencing.

Citation
REPUBLIC VRS YAKUBU (NR/TL/HC/CC7/1/23) [2024] GHAHC 337 (4 June 2024)
Parties
Prosecution: The Republic; Accused: Issah Yakubu
Court
ghahc
Jurisdiction
Ghana
Judgment Date
4 June 2024
Procedural Posture
Criminal / Judgment After Guilty Plea
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 Guilty Plea

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, by his own admission and the evidence, intentionally deceived the complainant to part with money under false pretences, constituting the offence under Section 131 of Act 29. The guilty plea, partial restitution, and mitigating factors were considered in sentencing.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to 4 years imprisonment in hard labour.
  • Accused to refund GHC 347,000.00 to the complainant or serve additional 3 years imprisonment in default.