D6/228/2021 [2020] GHACC 1 (3 May 2020)

D6/228/2021 [2020] GHACC 1 (3 May 2020)

The prosecution established a prima facie case by adducing evidence that the accused falsely represented himself as capable of procuring auction vehicles, obtained GHC330,000.00 from the complainant, failed to deliver the vehicles, and went into hiding, thus satisfying the essential elements of defrauding by false pretences.

Citation
[2020] GHACC 1
Parties
Prosecution: The Republic; Accused: Prince Kwame Kpogli
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 May 2020
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Submission of no case to answer dismissed; accused called upon to open his defence.
Legal Topics
Defrauding by False Pretences, Burden of Proof, Prima Facie Case
Source Language
English

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Parties

The Republic

Prosecution

Prince Kwame Kpogli

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

  1. 1 Whether the prosecution established a prima facie case of defrauding by false pretences against the accused

Ratio Decidendi

The prosecution established a prima facie case by adducing evidence that the accused falsely represented himself as capable of procuring auction vehicles, obtained GHC330,000.00 from the complainant, failed to deliver the vehicles, and went into hiding, thus satisfying the essential elements of defrauding by false pretences.

Court Disposition

Submission of no case to answer dismissed; accused called upon to open his defence.