ATILAC INANC vs THE REPUBLIC
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE ALHAJ ABDULLAH IDDRISU
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
- Immigration law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Appellant was convicted for defrauding by false pretenses and forging an official document. He was sentenced to six years on each count. The Appellant appealed for mitigation, citing failure to consider mitigating factors and constitutional provisions. The High Court reduced the sentence to four years on each count to run concurrently and set aside the deportation order due to procedural inadequacies in its issuance.
This is a criminal appeal for mitigation of sentence by the Appellant.
The court below tried the Appellant on the charges of defrauding by false pretences contrary to Section 313 of Act 29 and forgery of official document contrary to Section 158 of act 29 and he was convicted on both counts and sentenced to a term of six years IHL on each of the counts to run concurrently on 12th July, 2013. The Appellant is not challenging his conviction he is praying for mitigation of the sentence.
The brief facts of the case that led to the prosecution of the Appellant and his subsequent conviction and sentence were as follows: Complainant is a computer programmer resident at Kwashieman, Accra whiles accused is a Turkish national lodging at Phantoma Hotel, Abeka, Accra.
During the month of June 2010, the complainant was introduced to accused by one Bright as someone who could secure an American visa for the complainant.
Accused during a meeting with the complainant assured him that he could secure the visa if the complainant could pay $14, 000. 00. The complainant agreed and handed over his Ghanaian passport No. H2215479, to the accused for the processes.
On 1/10/10, accused called the complainant and handed over his Ghanaian passport to him with an American visa embossed on page 5 and demanded for his money.
The complainant then gave GH₵10, 000. 00 to the accused and asked him to come on 4/10/10 for the balance.
On 4/10/10 the complainant went to Ghana Immigration Service to check the authenticity of the visa where he was told the visa was fake.
The complainant reported the case to the police leading to the arrest of the accused.
Accused admitted the offence in his caution statement and added that he gave the said amount to one Akim but could not lead the police to his arrest. Police investigations were extended to American Embassy, where it was revealed that the visa in question was issued to a former Minister of State in the person of George Yaw Gyan Baffour.
After investigations, accused was charged with the offence and put before this honourable court.
Based on the charges the Appellant was taken through trial, found guilty on all counts, convicted and sentenced to six years on each of the counts to run concurrently and a deportation order was made for the Appellant to be deported to his country, Turkey after serving the sentence.
Counsel for the Appellant in his submission stated that the Appellant is a first time offender, a foreign national who is re