REPUBLIC VRS. APPIAH (D6/572/2017) [2024] GHACC 169 (27 May 2024)

REPUBLIC VRS. APPIAH (D6/572/2017) [2024] GHACC 169 (27 May 2024)

The prosecution failed to establish the element of false pretence, as the accused acted as lawful attorney with proper documentation and no intent to defraud was proven; thus, no prima facie case was made out.

Citation
REPUBLIC VRS. APPIAH (D6/572/2017) [2024] GHACC 169 (27 May 2024)
Parties
Prosecution: The Republic; Accused: David Bruce Appiah
Court
ghacc
Jurisdiction
Ghana
Judgment Date
27 May 2024
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Acquittal and discharge of accused
Legal Topics
Defrauding by False Pretences, Submission of No Case, Power of Attorney, Property Sale Fraud
Source Language
eng
Criminal Law Defrauding by False Pretences Submission of No Case Power of Attorney Property Sale Fraud

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Parties

The Republic

Prosecution

David Bruce Appiah

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution established a prima facie case of defrauding by false pretences against the accused

Ratio Decidendi

The prosecution failed to establish the element of false pretence, as the accused acted as lawful attorney with proper documentation and no intent to defraud was proven; thus, no prima facie case was made out.

Court Disposition

Acquittal and discharge of accused

Orders

  • The accused, David Bruce Appiah, is acquitted and discharged.