REPUBLIC VRS ATTAFUAH (ATTAFUAH) [2023] GHACC 799 (29 November 2023)

REPUBLIC VRS ATTAFUAH (ATTAFUAH) [2023] GHACC 799 (29 November 2023)

The accused, having admitted to defrauding the complainant by false pretences and not being the owner of the property, is convicted on his own plea. The seriousness and prevalence of internet fraud, lack of restitution, and the need for deterrence justify a custodial sentence and an order for restitution.

Citation
[2023] GHACC 799
Parties
Prosecution: The Republic; Accused: Samuel Karikari Attafuah
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
29 November 2023
Case Number
ATTAFUAH
Procedural Posture
Criminal / Judgment After Plea Change to Guilty
Outcome
conviction and sentence
Legal Topics
Defrauding by False Pretences, Sentencing, Restitution, Internet Fraud
Source Language
English
Criminal Law Defrauding by False Pretences Sentencing Restitution Internet Fraud

Case Brief

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Parties

The Republic

Prosecution

Samuel Karikari Attafuah

Accused

Procedural Posture

Criminal / Judgment After Plea Change to Guilty

Legal Issues

  1. 1 Whether the accused defrauded the complainant by false pretences
  2. 2 Appropriate sentence for the offence committed
  3. 3 Whether restitution should be ordered

Ratio Decidendi

The accused, having admitted to defrauding the complainant by false pretences and not being the owner of the property, is convicted on his own plea. The seriousness and prevalence of internet fraud, lack of restitution, and the need for deterrence justify a custodial sentence and an order for restitution.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to 8 years imprisonment.
  • Accused ordered to refund GH₵36,000 to the complainant.