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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the prosecution proved the essential elements of defrauding by false pretences and stealing against the accused
- 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.
Full Case Text
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