REPUBLIC VRS PAPPOE (D6/45/2023) [2023] GHACC 836 (7 December 2023)

REPUBLIC VRS PAPPOE (D6/45/2023) [2023] GHACC 836 (7 December 2023)

The accused issued cheques to the Ghana Maritime Authority which were dishonoured due to insufficient funds. The accused admitted issuing the cheques and that they were dishonoured. The court found no credible evidence of an agreement that the cheques would not be presented without notice. The prosecution proved beyond reasonable doubt that the accused issued false cheques contrary to section 313A(b) of Act 29.

Citation
[2023] GHACC 836
Parties
Prosecution: The Republic; Accused: David Pappoe Junior
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
7 December 2023
Case Number
D6/45/2023
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Issue of False Cheque, Dishonoured Cheque, Burden of Proof, Criminal Liability
Source Language
English
Criminal Law Issue of False Cheque Dishonoured Cheque Burden of Proof Criminal Liability

Case Brief

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Parties

The Republic

Prosecution

David Pappoe Junior

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused issued false cheques contrary to section 313A(b) of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused had reasonable grounds to believe there were sufficient funds in the account when issuing the cheques

Ratio Decidendi

The accused issued cheques to the Ghana Maritime Authority which were dishonoured due to insufficient funds. The accused admitted issuing the cheques and that they were dishonoured. The court found no credible evidence of an agreement that the cheques would not be presented without notice. The prosecution proved beyond reasonable doubt that the accused issued false cheques contrary to section 313A(b) of Act 29.

Court Disposition

conviction