Try asking the following...
Try asking the following...
January 13, 2023
DISTRICT COURT
GHANA
CORAM
JUDGMENT
INTRODUCTION
1. On 23rd March, 2021 the accused was arraigned before this court for the below offence:
STATEMENT OF OFFENCE
Defrauding by False Pretence, contrary to section 131 of the Criminal Offences Act
1960 (Act 29).
PARTICULARS OF OFFENCE
Alhassan Nurudeen, Teacher: For that you during the year 2019 at Sagnerigu,
Tamale in the northern magisterial district and within the jurisdiction of this court,
with intent to defraud did obtain the consent of one Alhassan Hamza to part with
cash the sum of GHS5,050.00 by means of certain false pretences to wit: by falsely
pretending that if the said amount is giving to you, you could secure him a plot of
land and two cattle and upon such false presentation you succeeded in obtaining
the said amount from the said Alhassan Hamza which statement you well knew
at the time of making it to be false.
FACTS OF THE CASE
2. The facts of the case given by the prosecution are that complainant, Alhassan Hamza,
in the year 2019 informed accused of his desire to rear cattle. Accused person then
introduced complainant to one Adam Rufai who was into cattle rearing and that after
buying the cattle they will give it to Adam Rufai to take care of it. Accused then took
GHS800.00 for one and GHS750.00 for the other. Accused later took an amount of
GHS3,500.00 from complainant to purchase a plot of land for him at Sagnerigu,
Tamale. When complainant later requested to see the plot of land and cattle, the
accused got offended and stopped picking complainants calls. Accused was invited
to the police but declined the invitation. Subsequently, he was served with criminal
summons to appear before this court regarding the aforementioned offence.
DEFINITION OF THE OFFENCE
3. With respect to the defrauding by false pretence, section 132 of Act 29 explains that a
person is guilty of defrauding by false pretences if, by means of any false pretence, or
by personation he obtains the consent of another person to part with or transfer the
ownership of anything. Section 131 of Act 29 further provides that whoever defrauds
any person by any false pretence shall be guilty of a second degree felony.
BURDEN OF PROOF
4. By a plea of not guilty, the accused puts himself in charge of the court, meaning that
his guilt has to be proved beyond reasonable doubt. The mandatory requirement that
the guilt of the person charged ought to be established beyond reasonable doubt and
the burden of persuasion on the party
AI Generated Summary
The Magistrate Court in Tamale convicted Alhassan Nurudeen, a teacher, of defrauding by false pretence following a complaint by Alhassan Hamza that Nurudeen took money to secure both two cattle and a plot of land but failed to deliver. Hamza paid GHS1,550 for the cattle and GHS3,500 for a plot at Sagnerigu. After Hamza’s requests to see the cattle and land, the accused ceased communication and declined police invitations. The prosecution presented Hamza (PW1), cattle rearer Adam Rufai (PW2), and D/LCpl. Addo Seyram Dave (PW3), and tendered two cautioned statements. The defence claimed the land was reallocated to a chief’s palace and alleged the cattle were stolen by one Ahmed; DW1 refunded the land money in court. The court found the cattle narrative inconsistent and an afterthought, held the second-degree felony charge proved, fined Nurudeen 100 penalty units or three months’ imprisonment, and ordered a refund of GHS1,550.