The Republic Vrs Abayele [2023] GHADC 175 (13 February 2023)

The Republic Vrs Abayele [2023] GHADC 175 (13 February 2023)

The accused falsely represented himself as a police officer, obtained GH₵200.00 from the complainant under this pretext, and was found not to be a police officer. The prosecution proved all elements of fraud by false pretences beyond reasonable doubt.

Citation
[2023] GHADC 175
Parties
Prosecution: The Republic; Accused: Kwame Abayele
Court
District Court
Jurisdiction
Ghana
Judgment Date
13 February 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Fraud by False Pretences, Burden of Proof, False Representation
Source Language
English
Criminal Law Fraud by False Pretences Burden of Proof False Representation

Case Brief

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Parties

The Republic

Prosecution

Kwame Abayele

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused made a false representation that he was a police officer
  2. 2 Whether the accused knew the statement was false
  3. 3 Whether the complainant relied on the false statement and parted with money

Ratio Decidendi

The accused falsely represented himself as a police officer, obtained GH₵200.00 from the complainant under this pretext, and was found not to be a police officer. The prosecution proved all elements of fraud by false pretences beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused found guilty as charged and convicted.
  • Accused sentenced to 18 months imprisonment in hard labour.