EDWARD KOTEY ALIAS NIIQUAYE VS THE REPUBLIC

Ackaah-Boafo, JA i. Overview: [1] My Lords, the matter before us involves the Appellant, who was the second Accused Person in the case heard by the High Court, Accra.

The Appellant was charged with abetment of crime, to wit: defrauding by false pretences contrary to Sections 20(1)and 131 of the Criminal and Other Offences Act, 1960, Act 29. The particulars of the offence stated that the Appellant on or about 6 November, 2015 at North Kaneshie, Accra in the Greater Accra Region, with intent to defraud, aided Kofi Owusu Hayford with Toyota Rav 4, 2010 model and obtained the consent of Prince Owusu Amankwah to part with GHȻ50, 000. 00 being part payment of the Toyota Rav 4, 2010 model representing that he will sell the said vehicle to him, which statement he knew at the time of making it to be false.

Kofi Owusu Hayford was the 1st accused at trial.

Though he started the trial, he failed to attend court in the course of the trial[2] In her reasons for judgment, the trial High Court judge preferred the version of the events given by the prosecution witnesses including the police investigation officer, dismissed the Appellant’s evidence and arguments based on the evidence proffered, and convicted the Appellant of the offence of abetment of crime and sentenced him to 6 years IHL.

The Appellant appeals against his conviction and sentence.

Background: [3] The salient facts of the case were that the Appellant was a dealer in used cars at North Kaneshie and sometime in 2015 he received a 2010 model of Toyota Rav 4 from the United States to sell.

The complainant, one Prince Owusu Amankwah’s uncle who lives at Obuasi expressed a desire to purchase a Toyota Rav 4, a 2010 model.

According to the complainant, he saw a Rav 4, 2010 model advertised on a website called Tonaton.

com and spoke with someone he believes is one of the accused persons on telephone on November 3, 2015 and was informed the vehicle is selling at a price of GHȻ60, 000. 00. According to the complainant, the person he spoke with agreed to send the car through his errand boys to Capital Court Hotel, North Kaneshie for him to verify and same was done.

He said he took photographs of the vehicle and sent same to his uncle who agreed to buy the vehicle. [4] According to the Complainant, the following day he went to inspect the vehicle with his mechanic at the same venue and met an errand boy called Raymond.

The complainant said on November 6, 2015 his uncle sent to him an amount of GHȻ50, 0