RICHARD KWABENA ASIAMAH v. REPUBLIC
2019
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, J.A. (PRESIDING)
- SOWAH, J.A.
- KWOFIE, J.A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Richard K. Asiamah and others were implicated in a fraudulent land sale and charged with conspiracy to defraud by false pretense. Asiamah was sentenced to 10 years imprisonment, which he appealed, arguing that the trial judge did not adequately analyze the evidence and that the burden of proof was not met. The appellate court considered the technicalities of conspiracy, the burden of proof, and the credibility of witnesses, eventually affirming the trial court's judgment. They ruled that the evidence supported the conviction and that no substantial miscarriage of justice arose, thereby dismissing the appeal and affirming the sentence.
SOWAH, J.A.:
Introduction
This is an appeal by Richard K. Asiamah (herein referred to as third accused person, [A3] or the appellant) who felt aggrieved by the judgment of the High Court Accra, (Financial Division) dated 27th February 2018 in the case of the Republic vs. 1. Leticia Acquah, 2. Ruby Wotordjor, 3. Richard K. Asiamah (the appellant) and 4. Seth Kwapong.
A1, A2 and A3 were charged in count one with conspiracy to commit an offence namely; Defrauding by false pretense contrary to section 23(1) and 131(1) of the Criminal Offences Act 1960 (Act 29).
Count two was a charge against A1 and A2 with defrauding by false pretenses contrary to section 131(1) Act 29. Whilst A4 was charged in Count 3 with Dishonestly receiving property contrary to section 146 of Act 29.
All four accused persons pleaded not guilty to the various charges.
However after a full trial, in respect of Count one on the charge of Conspiracy to defraud, A1 was acquitted whilst A2 and A3 were found guilty as charged and each accordingly convicted and sentenced to 10 years imprisonment. A2 was additionally found guilty on count 2 with defrauding by false pretenses. The judgment on appeal is at pages 354-380 of the record of appeal.
Grounds of Appeal
The appellants’ Notice of Appeal against conviction and sentence on the charge of Conspiracy was filed on 9th March 2018 with the following grounds:
1. The conviction of the appellant herein was wrong and unlawful because it was not supported by the totality of the evidence adduced at the joint trial of the appellant herein and three (3) other accused persons.
2. The conviction of the appellant herein by the trial Judge occasioned substantial miscarriage of justice to the appellant herein because the trial Judge failed to adequately consider and critically analyze the evidence before her.
3. Further grounds of appeal may be filed upon receiving a certified true copy of the record of appeal.
Reliefs sought:
a. An order by the Court of Appeal setting aside the conviction of the appellant herein by the trial High Court on the 27th day of February, 2018.
b. Another order by the Court of Appeal acquitting and discharging the appellant herein of the charge of conspiracy to commit an offence, to wit, defrauding by false pretenses.
c. Any other order or orders which the honourable Court of Appeal may deem appropriate to support the acquittal of the appellant herein.
I propose to take both grounds of appeal together because the s