The Republic Vrs Samuel Clottey [2023] GHACC 77 (27 July 2023)

The Republic Vrs Samuel Clottey [2023] GHACC 77 (27 July 2023)

The prosecution failed to adduce cogent evidence or corroboration to prove beyond reasonable doubt that the accused obtained money from the complainant by false pretenses. The evidence raised reasonable doubt as to the accused's guilt.

Citation
[2023] GHACC 77
Parties
Prosecution: The Republic; Accused: Samuel Clottey
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
27 July 2023
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
Defrauding by False Pretenses, Burden of Proof, Evidence, Reasonable Doubt
Source Language
English
Criminal Law Defrauding by False Pretenses Burden of Proof Evidence Reasonable Doubt

Case Brief

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Parties

The Republic

Prosecution

Samuel Clottey

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused defrauded the complainant by false pretenses under Section 131(1) of Act 29
  2. 2 Whether the prosecution proved its case beyond reasonable doubt

Ratio Decidendi

The prosecution failed to adduce cogent evidence or corroboration to prove beyond reasonable doubt that the accused obtained money from the complainant by false pretenses. The evidence raised reasonable doubt as to the accused's guilt.

Court Disposition

acquittal and discharge

Orders

  • The accused is found not guilty and is acquitted and discharged forthwith on both counts.