PAUL AMANKWA OSEI TUTU & ANOTHER v. THE REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- VICTOR OFOE, J.A. (PRESIDING)
- A. M. DORDZIE, J.A.
- S. DZAMEFE, JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellants were convicted and sentenced for defrauding by false pretences and conspiracy to commit the same crime, with the main issue revolving around a fraudulent scheme involving false promises of gold delivery. Both witnesses and substantial documentary evidence supported the prosecution's case. The appellants' denials were discredited by the evidence, leading the Court of Appeal to uphold the trial court's decision, dismissing the appeal on all grounds. The applicable laws include the Criminal Offences Act and the Evidence Act, and principles revolve around the credibility of witnesses, the burden of proof, and requirements to establish intent to defraud and conspiracy.
IN THE SUPERIOR COURT OF JUDICATURE
IN THE COURT OF APPEAL (CRIMINAL DIVISION)
ACCRA GHANA
CORAM: VICTOR OFOE, J.A. (PRESIDING)
A. M. DORDZIE, J.A.
S. DZAMEFE, JA
DATE: 26TH NOVEMBER, 2015
SUIT N0: H2 / 16 /2014
1. PAUL AMANKWA OSEI TUTU APPELLANTS
2. SETH DZAMESI
VRS.
THE REPUBLIC : RESPONDENT
J U D G M E N T
A. M. DORDZIE, JA:-
The appellants herein Paul Amankwa Osei Tutu and Seth Dzamesi were tried by the Fast Track Division of the High Court on charges of Conspiracy to commit crime, namely defrauding by false pretences contrary to sections 23(1) of the Criminal Offences Act 1960, Act 29 and Defrauding by false pretences contrary to section 131(1) of the Criminal Offences Act, 1960 Act 29
Three other persons were charged together with the appellants herein. Two of them the 1st & 2nd accused in the charge sheet were absent at the trial and the record shows that bench warrant was issued for their arrest. The 4th accused was tried together with the appellants; he is not a party to this appeal.
The particulars of the offences as spelt out in the amended charge sheet on the record are as follows:
Count one: Conspiracy to commit crime, namely Defrauding by false pretences contrary to sections 23(1) of the Criminal Offences Act 1960, Act 29
Particulars of this offence are : 1. Mike Doe, 2. Evans Akafia, 3. Paul Amankwah Osei Tutu, 4. Jeffery Kofi Boakye 5. Seth Dzamesi on or about the 11th of October 2012 at Spintex Road in the Greater Accra Region of Ghana acted together to defraud by false pretences one Kofi Dankwah Asante Antwi of the sum of USD 700,000.
Count Two: Defrauding by false pretences contrary to section 131(1) of the Criminal Offences Act, 1960 Act 29.
The particulars are: 1. Mike Doe, 2. Evans Akafia, 3. Paul Amankwah Osei Tutu, 4. Jeffery Kofi Boakye, 5. Seth Dzamesi On or about the 11th day of October 2012 at Spintex Road in the Greater Accra Region of Ghana with intent to defraud obtained the consent of one Kofi Dankwah Asante Antwi to part with the sum of USD700,000 by means of false pretence, namely by falsely representing to the said Kofi Dankwah Asante Antwi that if the said amount of USD700,000 was given to you, you would supply him with 75kilograms of gold, which statement you well knew at the time of making to be false.
The appellants and the 4th accused person were found guilty of the offences and were convicted on both charges and sentenced to 15years imprisonment each, on each count, the sentence was to run co