The Republic Vrs Noah [2022] GHADC 262 (20 December 2022)

The Republic Vrs Noah [2022] GHADC 262 (20 December 2022)

The prosecution failed to prove beyond reasonable doubt that the accused falsely pretended to be a public officer or defrauded the complainants by false pretence, as required by law. There was insufficient evidence that the accused made the alleged representations or received the alleged sums of money.

Citation
[2022] GHADC 262
Parties
Prosecution: The Republic; Accused: Osei Noah
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 December 2022
Procedural Posture
Criminal / Judgment
Outcome
acquittal and discharge
Legal Topics
False Pretence, Impersonation, Burden of Proof
Source Language
English
Criminal Law False Pretence Impersonation Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Osei Noah

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused falsely pretended to be a public officer contrary to section 237 of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused defrauded by false pretence contrary to section 131 of the Criminal Offences Act, 1960 (Act 29)

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused falsely pretended to be a public officer or defrauded the complainants by false pretence, as required by law. There was insufficient evidence that the accused made the alleged representations or received the alleged sums of money.

Court Disposition

acquittal and discharge

Orders

  • The accused is acquitted and discharged on all counts.