CHINEAKA NKEM v. THE REPUBLIC
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant was convicted of multiple charges including conspiracy to commit fraud and possessing counterfeit notes. The prosecution relied on eyewitness testimony and an investigator's findings. The appellant denied the charges, claiming he received the money for customs duty from his brother. The appeal challenged the conviction on grounds that the trial judge applied the wrong standard of proof and failed to provide reasons for the judgment. The appellate court found these claims valid, noting also a procedural error where the trial judge sentenced the appellant without a formal conviction. The appellate court set aside the conviction and acquitted the appellant.
JUDGMENT
This Appellant, who was charged with three others at large, was arraigned before the Circuit Court, Kumasi on four charges, namely: Conspiracy to commit crime to wit defrauding by false pretences; Defrauding by false pretences; possessing forged notes and possessing counterfeit notes. The statement and particulars of offence read as follows:
COUNT ONE
STATEMENT OF OFFENCE
CONSPIRACY TO COMMIT CRIME TO WIT DEFRAUDING BY FALSE PRETENCES CONTRARY TO SECTION 23(1) AND 131 OF ACT 29/60
PARTICUALRS OF OFFENCE
CHIYENAKA NKEM, TRADER, AGED 29 YRS., 2. RASTA AT LARGE, 3. SWANZY AT LARGE AND ONE OTHER AT LARGE, On the 12th day of April, 2011 at Alabar, Kumasi in the Ashanti Region and within the Jurisdiction of this court did agree together with a common purpose to commit crime to wit "fraud"
COUNT TWO
STATEMENT OF OFFENCE
DEFRAUDING BY FALSE PRETENCES CONTRARY TO SECTION 131 OF ACT 29/60.
PARTICULARS OF OFFENCE
1. CHIYENAKA NKEM, TRADER, AGED 29 YRS., 2. RASTA AT LARGE, 3. SWANZY AT LARGE AND ONE OTHER AT LARGE, On the 12th day of April, 2011 at Alabar, Kumasi in the Ashanti Region and within the Jurisdiction of this court, did obtain the consent of one Alhassan Mohammed to part with cash the sum of 1600 dollars by means of false pretence to wit by falsely pretending that if the said amount was given to you, you could change GHS 2,500.00 for him and upon such false representation you succeeded in obtaining the said amount from the said Alhassan Mohammed which statement you knew at the time of making it to be false.
COUNT THREE
STATEMENT OF OFFENCE
POSSESSING FORGED NOTES CONTRARY TO SECTION 18 OF COURT ACT 242.
PARTICULARS OF OFFENCE.
1. CHIYENAKA NKEM, TRADER, AGED 29 YRS., 2. RASTA AT LARGE, 3. SWANZY AT LARGE AND ONE OTHER AT LARGE, On the 12th day of April, 2011 at Alabar, Kumasi in the Ashanti Region and within the Jurisdiction of this court, did have in your possession bundles of forged Ghana Cedi Notes.
COUNT FOUR
STATEMENT OF OFFENCE
POSSESSING COUNTERFEIT NOTES CONTRARY TO SECTION 10(2) OF ACT 242
PARTICULARS OF OFFENCE
1. CHIYENAKA NKEM, TRADER, AGED 29 YRS., 2. RASTA AT LARGE, 3. SWANZY AT LARGE AND ONE OTHER AT LARGE, On the 12th day of April, 2011 at Alabar, Kumasi in the Ashanti Region and within the Jurisdiction of this court, did have in your possession counterfeit notes of the denomination of two GHS5.00
CASE FOR THE PROSECUTION
The case for the prosecution was presented by the victim of the offences who was the c