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ASIEDU v. THE REPUBLIC

January 8, 1968

HIGH COURT

GHANA

CORAM

  • AMISSAH J.A

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

This appeal concerns a deception at U.T.C Stores where the appellant obtained three suits by leveraging a false telephone call and a forged note invoking Brigadier (now Major‑General) Ocran, and by signing a waybill as “Frempong.” The store was closed on a Wednesday afternoon, but the appellant persuaded the manager to part with the suits based on the supposed urgency and promise of later payment. Colonel (now Brigadier) Afrifa denied visiting the shop, and Brigadier Ocran disavowed involvement; a subsequent police search recovered the suits and trousers at a tailor. The trial judge convicted the appellant of forgery and defrauding by false pretences. On appeal, arguments centered on lack of personation, causation, and mens rea. The Court of Appeal held that under section 132 false representation and personation are encompassed; identity mattered because payment was deferred, intent to defraud was inferable, and the sentence was deterrent but not excessive. The appeal was dismissed.

Judgement