D6/290/2020 [2022] GHACC 265 (19 April 2022)

Accused persons issued cheques knowing there were insufficient funds and failed to provide a reasonable excuse; prosecution proved all elements of the offence under section 313A(1)(b) beyond reasonable doubt.

Citation: [2022] GHACC 265
Parties: Prosecution: The Republic; Accused: Isaac Krampah; Accused: Ato Bonful
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 19 April 2022
Procedural Posture: Criminal / Judgment
Outcome: conviction
Legal Topics: Issue of False Cheque, Dishonored Cheques, Burden of Proof, Intent to Defraud
Source Language: English

Criminal Law Issue of False Cheque Dishonored Cheques Burden of Proof Intent to Defraud

Case Brief

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Parties

The Republic

Prosecution

Isaac Krampah

Accused

Ato Bonful

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether accused persons issued cheques knowing there were insufficient funds
2 Whether accused persons had reasonable cause to believe funds would be available
3 Whether prosecution proved the offence beyond reasonable doubt

Ratio Decidendi

Court Disposition

conviction

Orders

Both accused persons convicted on all 12 counts.
Each sentenced to a fine of 100 penalty units per count or in default, two months imprisonment without hard labour per count, sentences to run consecutively.