REPUBLIC VRS. ASARE (D6/255/2023) [2024] GHACC 179 (29 April 2024)

REPUBLIC VRS. ASARE (D6/255/2023) [2024] GHACC 179 (29 April 2024)

The prosecution failed to prove beyond reasonable doubt that the accused acted with intent to defraud or made false representations; the evidence showed a civil transaction that failed, not a criminal offence.

Citation
REPUBLIC VRS. ASARE (D6/255/2023) [2024] GHACC 179 (29 April 2024)
Parties
Prosecution: The Republic; Accused: Nana Yaw Asare @ Bishop
Court
ghacc
Jurisdiction
Ghana
Judgment Date
29 April 2024
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Defrauding by False Pretences, Burden of Proof, Intent to Defraud
Source Language
eng
Criminal Law Defrauding by False Pretences Burden of Proof Intent to Defraud

Case Brief

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Parties

The Republic

Prosecution

Nana Yaw Asare @ Bishop

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defrauded the complainant by false pretence

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused acted with intent to defraud or made false representations; the evidence showed a civil transaction that failed, not a criminal offence.

Court Disposition

acquittal and discharge

Orders

  • The accused, Nana Yaw Asare @ Bishop, is acquitted and discharged.