REPUBLIC VRS ERIC AWATEY (D7/63/2019) [2023] GHACC 598 (23 January 2023)

REPUBLIC VRS ERIC AWATEY (D7/63/2019) [2023] GHACC 598 (23 January 2023)

The accused issued cheques knowing there were insufficient funds in his account and failed to provide credible evidence of reasonable grounds to believe otherwise; prosecution proved the offence beyond reasonable doubt.

Citation
REPUBLIC VRS ERIC AWATEY (D7/63/2019) [2023] GHACC 598 (23 January 2023)
Parties
Prosecution: The Republic; Accused: Eric Awatey
Court
ghacc
Jurisdiction
Ghana
Judgment Date
23 January 2023
Procedural Posture
Criminal / Judgment
Outcome
conviction and sentence
Legal Topics
Issuance of False Cheque, Dishonoured Cheque, Burden of Proof, Presumption of Innocence, Sentencing
Source Language
eng
Criminal Law Issuance of False Cheque Dishonoured Cheque Burden of Proof Presumption of Innocence Sentencing

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Parties

The Republic

Prosecution

Eric Awatey

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused issued cheques without reasonable grounds to believe there were adequate funds in his account
  2. 2 Whether the prosecution proved the offence of issuance of false cheque beyond reasonable doubt

Ratio Decidendi

The accused issued cheques knowing there were insufficient funds in his account and failed to provide credible evidence of reasonable grounds to believe otherwise; prosecution proved the offence beyond reasonable doubt.

Court Disposition

conviction and sentence

Orders

  • Accused convicted on all three counts of issuance of false cheque.
  • Sentenced to six weeks imprisonment and a fine of 150 penalty units on each count, to run concurrently.