REPUBLIC VRS ELVIS TAKYI APPIAH (D6/387/17) [2023] GHACC 1070 (23 February 2023)

REPUBLIC VRS ELVIS TAKYI APPIAH (D6/387/17) [2023] GHACC 1070 (23 February 2023)

The accused cannot be convicted for issuing cheques presented more than three months after their maturity dates as per section 313A(2) of Act 29, and the prosecution failed to prove intentional unlawful damage beyond reasonable doubt, entitling the accused to acquittal on all charges.

Citation
REPUBLIC VRS ELVIS TAKYI APPIAH (D6/387/17) [2023] GHACC 1070 (23 February 2023)
Parties
Prosecution: The Republic; Accused: Elvis Takyi Appiah; Complainant: Philip Korletey
Court
ghacc
Jurisdiction
Ghana
Judgment Date
23 February 2023
Procedural Posture
Criminal / Judgment
Outcome
Acquittal and discharge of accused on all charges.
Legal Topics
Issue of False Cheque, Causing Unlawful Damage, Burden of Proof, Mens Rea, Particulars of Charge
Source Language
eng
Criminal Law Issue of False Cheque Causing Unlawful Damage Burden of Proof Mens Rea Particulars of Charge

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Parties

The Republic

Prosecution

Elvis Takyi Appiah

Accused

Philip Korletey

Complainant

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused is guilty of issuing false cheques contrary to section 313A of the Criminal Offences Act, 1960 (Act 29)
  2. 2 Whether the accused is guilty of causing unlawful damage contrary to section 172(1)(B) of Act 29/60

Ratio Decidendi

The accused cannot be convicted for issuing cheques presented more than three months after their maturity dates as per section 313A(2) of Act 29, and the prosecution failed to prove intentional unlawful damage beyond reasonable doubt, entitling the accused to acquittal on all charges.

Court Disposition

Acquittal and discharge of accused on all charges.

Orders

  • The accused is acquitted and discharged on all three counts.