REPUBLIC VRS OBENG (B8/2/23) [2023] GHACC 926 (16 November 2023)

REPUBLIC VRS OBENG (B8/2/23) [2023] GHACC 926 (16 November 2023)

The accused was found guilty because the prosecution proved beyond reasonable doubt that he forged the power of attorney by thumb printing both sections without the complainant's consent, intending to deceive the court, as corroborated by witness testimony, fingerprint analysis, and his own confession.

Citation
[2023] GHACC 926
Parties
Prosecution: The Republic; Accused: Samuel Obeng; Complainant: Kwaku Darkwa
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 November 2023
Case Number
B8/2/23
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Forgery, Official Document, Burden of Proof, Evidence, Confession
Source Language
English
Criminal Law Forgery Official Document Burden of Proof Evidence Confession

Case Brief

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Parties

The Republic

Prosecution

Samuel Obeng

Accused

Kwaku Darkwa

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused forged an official or judicial document with intent to deceive

Ratio Decidendi

The accused was found guilty because the prosecution proved beyond reasonable doubt that he forged the power of attorney by thumb printing both sections without the complainant's consent, intending to deceive the court, as corroborated by witness testimony, fingerprint analysis, and his own confession.

Court Disposition

conviction and sentence

Orders

  • Accused convicted of forgery of official/judicial document.
  • Accused sentenced to a fine of four hundred (400) penalty units or in default 24 months imprisonment.