REPUBLIC VRS DANIEL KONUTSE (D6/221/2021) [2023] GHACC 1038 (20 April 2023)

The accused's own statements and the evidence presented by the prosecution establish a prima facie case of fraudulent breach of trust, requiring the accused to open his defence.

Citation: REPUBLIC VRS DANIEL KONUTSE (D6/221/2021) [2023] GHACC 1038 (20 April 2023)
Parties: Prosecution: The Republic; Accused: Daniel Konutse
Court: ghacc
Jurisdiction: Ghana
Judgment Date: 20 April 2023
Procedural Posture: Criminal / Ruling on Submission of No Case to Answer
Outcome: Submission of no case to answer rejected; accused to open defence.
Legal Topics: Fraudulent Breach of Trust, Burden of Proof, Prima Facie Case, Trusteeship
Source Language: eng

Criminal Law Fraudulent Breach of Trust Burden of Proof Prima Facie Case Trusteeship

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Parties

The Republic

Prosecution

Daniel Konutse

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

1 Whether a prima facie case of fraudulent breach of trust has been made against the accused
2 Whether the accused held the goods in trust for the complainant or was merely a purchaser
3 Whether the matter is criminal or civil in nature

Ratio Decidendi

The accused's own statements and the evidence presented by the prosecution establish a prima facie case of fraudulent breach of trust, requiring the accused to open his defence.

Court Disposition

Submission of no case to answer rejected; accused to open defence.

Orders

Accused is called upon to open his defence on the count of fraudulent breach of trust.