GH - JOSEPH OWUSU VS THE REPUBLIC

The Appellant herein was arraigned before the Duayaw Nkwanta Circuit Court on the 13th of July 2012 on a count of conspiracy to commit the offence of defrauding by false pretences and a second count of defrauding by false pretences contrary to Sections 23(1)and 131 of the Criminal Offences Act 1960 Act 29. The accused person pleaded guilty with explanation to both counts after the charges were read and explained to him.

The court heard his explanation on both counts and found that his explanation on the count of defrauding by false pretences count two, amounts to guilt and proceeded to acquit and discharge the appellant on the first count of conspiracy because “by his own admission accused is acquitted and discharge on count one as one person is incapable of conspiring. ” The court therefore convicted him on his own plea and sentenced him to a prison term of five (5) years IHL in respect of count two.

It is against this sentence that the appellant filed the instant appeal on the 18th of March 2024 and amended the petition of appeal on the 24th of April 2024. The grounds of appeal in the instant appeal are as follows: i. That an earlier offence which was similar in character which the appellant was convicted on 16th of August 2012 was not factored in the trial of the second offence which the appellant was convicted on the 28th of September 2012. ii.

That although section 301 of Act 30 applied, the trial judge should have considered the lengthy sentence of the first offence and ordered for the second sentence to run concurrently in the interest of justice.

That the convict pleaded guilty to both offence simpliciter and was also a first and young offender.

That the first and second offences were similar in character and committed by the Appellant during the same period as per Section 109 of Act 30/90 v. That the convict has learnt his lesson and has shown remorse for both offences vi.

Additional grounds may be filed on receipt of the record of proceedings.

FACTS OF THE CASE According to the prosecution the complainant is a Senior Supply Officer at St John of God Hospital Duayaw-Nkwanta while the 1st accused/appellant is a trader based in Accra and the 2nd and 3rd accused persons are at large.

The prosecution’s case is that during the month of June, the complainant made a request through a friend on the Internet to buy a Toyota Corolla car.

The appellant herein then contacted the complainant's friend through mobile phone and presented himself as a car

That the convict pleaded guilty to both offence simpliciter and was also a first and young offender.

Additional grounds may be filed on receipt of the record of proceedings.

The prosecution’s case is that during the month of June, the complainant made a request through a friend on the Internet to buy a Toyota Corolla car.

The appellant herein then contacted the complainant's friend through mobile phone and presented himself as a car

JOSEPH OWUSU VS THE REPUBLIC

Areas of Law

JUDGMENT