Republic Vrs Gyarbeng [2022] GHACC 220 (19 October 2022)
The accused obtained GH₵70,000 from the complainant by falsely representing himself as a rubber trader capable of supplying 20 tonnes of rubber lumps, but failed to deliver any product, and his defense was not credible. He is therefore guilty of defrauding by false pretences.
- Citation
- [2022] GHACC 220
- Parties
- Prosecution: The Republic; Accused: Michael Gyarbeng
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 19 October 2022
- Procedural Posture
- Criminal / Judgment
- Outcome
- conviction and sentence
- Legal Topics
- Defrauding by False Pretences, Fraud, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Michael Gyarbeng
Accused
Procedural Posture
Criminal / Judgment
Legal Issues
- 1 Whether the accused defrauded the complainant by false pretences
- 2 Whether the accused falsely represented himself as a rubber trader to obtain money
Ratio Decidendi
The accused obtained GH₵70,000 from the complainant by falsely representing himself as a rubber trader capable of supplying 20 tonnes of rubber lumps, but failed to deliver any product, and his defense was not credible. He is therefore guilty of defrauding by false pretences.
Court Disposition
conviction and sentence
Orders
- Accused found guilty of defrauding by false pretences
- Accused sentenced to 6 years imprisonment
Full Case Text
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