REPUBLIC VRS ALEXANDER ASIEDU (D6/52/2022) [2022] GHACC 345 (29 November 2022)

REPUBLIC VRS ALEXANDER ASIEDU (D6/52/2022) [2022] GHACC 345 (29 November 2022)

The prosecution failed to prove the accused acted with intent to defraud, a necessary element for conviction under Section 313(A) of Act 29/60. The evidence showed the accused acted in good faith and stopped the cheques due to the complainant's breach of agreement, not for fraudulent gain.

Citation
[2022] GHACC 345
Parties
Prosecutor: The Republic; Accused: Alexander Asiedu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
29 November 2022
Case Number
D6/52/2022
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
acquittal
Legal Topics
Issuance of False Cheque, Intent to Defraud, Burden of Proof, Submission of No Case to Answer
Source Language
English
Criminal Law Issuance of False Cheque Intent to Defraud Burden of Proof Submission of No Case to Answer

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

The Republic

Prosecutor

Alexander Asiedu

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case against the accused for issuance of false cheque with intent to defraud
  2. 2 Whether the accused had the requisite mens rea (intention to defraud) under Section 313(A) of Act 29/60

Ratio Decidendi

The prosecution failed to prove the accused acted with intent to defraud, a necessary element for conviction under Section 313(A) of Act 29/60. The evidence showed the accused acted in good faith and stopped the cheques due to the complainant's breach of agreement, not for fraudulent gain.

Court Disposition

acquittal

Orders

  • Accused acquitted and discharged together with all his sureties.