The Rep. Vrs Moahmmed Abdul Rahman [2022] GHACC 64 (23 October 2022)
The prosecution failed to establish the third essential ingredient of the offence of defrauding by false pretence, namely that the accused made a false representation with intent to defraud. The evidence only established a breach of contract, not a criminal offence. Therefore, no prima facie case was made out against the accused.
- Citation
- [2022] GHACC 64
- Parties
- Prosecution: The Republic; Accused: Mohammed Abdul Rahman
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 23 October 2022
- Procedural Posture
- Criminal / Ruling on Submission of No Case
- Outcome
- Acquitted and discharged
- Legal Topics
- Defrauding by False Pretence, Submission of No Case, Elements of Offence, Mens Rea
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Mohammed Abdul Rahman
Accused
Procedural Posture
Criminal / Ruling on Submission of No Case
Legal Issues
- 1 Whether the prosecution established a prima facie case of defrauding by false pretence against the accused
- 2 Whether the accused should be called to open his defence
Ratio Decidendi
The prosecution failed to establish the third essential ingredient of the offence of defrauding by false pretence, namely that the accused made a false representation with intent to defraud. The evidence only established a breach of contract, not a criminal offence. Therefore, no prima facie case was made out against the accused.
Court Disposition
Acquitted and discharged
Orders
- Accused person is acquitted and discharged of the offence of defrauding by false pretences contrary to section 131 of Act 29 forthwith.
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