Republic Vrs Bobby Yawson [2022] GHACC 163 (10 October 2022)
The prosecution failed to prove beyond reasonable doubt that the accused acted as a trustee or made false representations to obtain the goods; the evidence established a commercial contract and not a criminal offence. The dispute is civil, not criminal.
- Citation
- [2022] GHACC 163
- Parties
- Prosecution: The Republic; Accused: Bobby Yawson; Complainant: Emmanuel Carlos Arthur
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 10 October 2022
- Procedural Posture
- Criminal / Ruling on Case to Answer
- Outcome
- acquittal and discharge
- Legal Topics
- Fraudulent Breach of Trust, Defrauding by False Pretences, Sale of Goods, Burden of Proof, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Bobby Yawson
Accused
Emmanuel Carlos Arthur
Complainant
Procedural Posture
Criminal / Ruling on Case to Answer
Legal Issues
- 1 Whether the accused held the solar panels and batteries as trustee for the complainant
- 2 Whether the accused obtained the goods by false representation
- 3 Whether the prosecution has made out a prima facie case for the accused to answer
Ratio Decidendi
The prosecution failed to prove beyond reasonable doubt that the accused acted as a trustee or made false representations to obtain the goods; the evidence established a commercial contract and not a criminal offence. The dispute is civil, not criminal.
Court Disposition
acquittal and discharge
Orders
- The accused is acquitted and discharged of all charges.
- The sureties are discharged.
Full Case Text
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