Republic Vrs Turkson [2023] GHADC 441 (19 April 2023)

Republic Vrs Turkson [2023] GHADC 441 (19 April 2023)

The accused did not defraud by false pretenses as he performed part of the agreement, but he dishonestly appropriated the balance of Gh¢21,000.00, constituting stealing under section 124(1) and 125 of the Criminal Offences Act 1960 (Act 29).

Citation
Republic Vrs Turkson [2023] GHADC 441 (19 April 2023)
Parties
Prosecution: The Republic; Accused: Collins Yaw Turkson
Court
ghadc
Jurisdiction
Ghana
Judgment Date
19 April 2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction for stealing; acquittal on defrauding by false pretenses
Legal Topics
Defrauding by False Pretenses, Stealing, Burden of Proof, Actus Reus, Mens Rea
Source Language
eng
Criminal Law Defrauding by False Pretenses Stealing Burden of Proof Actus Reus Mens Rea

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Parties

The Republic

Prosecution

Collins Yaw Turkson

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the amount of money given to the accused by the complainant to buy oranges from farmers was Gh¢31,400.00 or Gh¢23,900.00
  2. 2 Whether prosecution proved the charge of defrauding by false pretenses against the accused beyond reasonable doubt
  3. 3 Whether prosecution proved the charge of stealing against the accused beyond reasonable doubt

Ratio Decidendi

The accused did not defraud by false pretenses as he performed part of the agreement, but he dishonestly appropriated the balance of Gh¢21,000.00, constituting stealing under section 124(1) and 125 of the Criminal Offences Act 1960 (Act 29).

Court Disposition

Conviction for stealing; acquittal on defrauding by false pretenses

Orders

  • Accused convicted for stealing Gh¢21,000.00 under section 124(1) and 125 of the Criminal Offences Act 1960 (Act 29)
  • Accused discharged on the count of defrauding by false pretenses