REPUBLIC VRS JAMINJA (B18/134/2023) [2024] GHADC 396 (19 July 2024)

Accused admitted in caution statements to appropriating and spending funds entrusted to him by the complainant unions, failed to deposit monies as promised, and prosecution proved all essential elements of stealing and defrauding by false pretence beyond reasonable doubt.

Citation: REPUBLIC VRS JAMINJA (B18/134/2023) [2024] GHADC 396 (19 July 2024)
Parties: Prosecution: The Republic; Accused: Yaw Jaminja
Court: ghadc
Jurisdiction: Ghana
Judgment Date: 19 July 2024
Procedural Posture: Criminal / Final Judgment
Outcome: guilty on all counts
Legal Topics: Stealing, Defrauding by False Pretence, Burden of Proof, Sentencing
Source Language: eng

Criminal Law Stealing Defrauding by False Pretence Burden of Proof Sentencing

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 11

Parties

The Republic

Prosecution

Yaw Jaminja

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

1 Whether accused stole GHS25,780.00 from Salaga Farmers’ Co-operative Credit Union
2 Whether accused defrauded seven farmers’ co-operative credit unions by false pretence
3 Whether prosecution proved guilt beyond reasonable doubt

Ratio Decidendi

Court Disposition

guilty on all counts

Orders

On count 1: pay fine of 400 penalty units (GHS4,800.00) and serve 12 months imprisonment; in default of fine, additional 5 months imprisonment.
On count 2: pay fine of 500 penalty units (GHS6,000.00) and serve 18 months imprisonment; in default of fine, additional 6 months imprisonment.