Republic Vrs Samuel Antwi [2022] GHADC 281 (15 December 2022)

Republic Vrs Samuel Antwi [2022] GHADC 281 (15 December 2022)

The accused person, by falsely representing that he would use the money to clear the complainant's car, obtained GH¢16,500.00 but used it for personal purposes, thereby defrauding the complainant by false pretence. The prosecution proved the offence beyond reasonable doubt.

Citation
[2022] GHADC 281
Parties
Prosecutor: The Republic; Accused: Samuel Antwi
Court
District Court
Jurisdiction
Ghana
Judgment Date
15 December 2022
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentencing of the accused for defrauding by false pretence.
Legal Topics
Defrauding by False Pretence, Burden of Proof, Sentencing
Source Language
English
Criminal Law Defrauding by False Pretence Burden of Proof Sentencing

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Parties

The Republic

Prosecutor

Samuel Antwi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused person, with intent to defraud, obtained the consent of the complainant to part with GH¢16,500.00 by means of false pretences that he could clear a Chevrolet Spark car from Tema Port.

Ratio Decidendi

The accused person, by falsely representing that he would use the money to clear the complainant's car, obtained GH¢16,500.00 but used it for personal purposes, thereby defrauding the complainant by false pretence. The prosecution proved the offence beyond reasonable doubt.

Court Disposition

Conviction and sentencing of the accused for defrauding by false pretence.

Orders

  • Accused sentenced to 12 months imprisonment in hard labour.
  • Accused to pay a fine of 200 penalty units or in default serve 6 months imprisonment in hard labour.