Republic Vrs Isaac Tanko Bolu [2023] GHACC 151 (30 January 2023)

Republic Vrs Isaac Tanko Bolu [2023] GHACC 151 (30 January 2023)

The accused made a false representation to the complainant about having a Toyota Corolla for sale, obtained GH₵23,500 under this pretence, issued fake documents, and failed to deliver the vehicle. The prosecution proved all elements of defrauding by false pretences beyond reasonable doubt. The accused is guilty on both counts.

Citation
Republic Vrs Isaac Tanko Bolu [2023] GHACC 151 (30 January 2023)
Parties
Prosecution: The Republic; Accused: Isaac Tanko Bolu
Court
ghacc
Jurisdiction
Ghana
Judgment Date
30 January 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Defrauding by False Pretences, Burden of Proof, Sentencing, Restitution
Source Language
eng
Criminal Law Defrauding by False Pretences Burden of Proof Sentencing Restitution

Case Brief

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Parties

The Republic

Prosecution

Isaac Tanko Bolu

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defrauded the complainant by false pretences under section 131 of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The accused made a false representation to the complainant about having a Toyota Corolla for sale, obtained GH₵23,500 under this pretence, issued fake documents, and failed to deliver the vehicle. The prosecution proved all elements of defrauding by false pretences beyond reasonable doubt. The accused is guilty on both counts.

Court Disposition

conviction and sentence

Orders

  • Accused sentenced to two years imprisonment in hard labour on each count, sentences to run concurrently
  • Accused ordered to refund GH₵23,500 to the complainant as restitution