REPUBLIC VRS STEPHEN BOATENG (D4/55/18) [2022] GHACC 357 (30 November 2022)

REPUBLIC VRS STEPHEN BOATENG (D4/55/18) [2022] GHACC 357 (30 November 2022)

The prosecution failed to prove the essential elements of the offences charged, and the evidence adduced was inconsistent, unreliable, and insufficient to require the accused to make a defence. The submission of no case to answer is upheld and the accused is acquitted on all charges.

Citation
[2022] GHACC 357
Parties
Prosecution: The Republic; Accused: Stephen Boateng; Complainant: Samuel Owusu Osarfo
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
30 November 2022
Case Number
D4/55/18
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
acquittal
Legal Topics
Defrauding by False Pretences, Stealing, Burden of Proof, Submission of No Case to Answer
Source Language
English

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Parties

The Republic

Prosecution

Stephen Boateng

Accused

Samuel Owusu Osarfo

Complainant

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

  1. 1 Whether the prosecution proved the essential elements of defrauding by false pretences and stealing against the accused
  2. 2 Whether the evidence adduced by the prosecution was sufficient to require the accused to make a defence

Ratio Decidendi

The prosecution failed to prove the essential elements of the offences charged, and the evidence adduced was inconsistent, unreliable, and insufficient to require the accused to make a defence. The submission of no case to answer is upheld and the accused is acquitted on all charges.

Court Disposition

acquittal

Orders

  • The accused person is acquitted on all charges.