THE REPUBLIC v. EBENEZER ORACCA-TETTEH MONCAR

JUDGMENT

FACTS:

The accused person was charged and arraigned before this court on a charge of

Defrauding by False Pretences contrary to Section 131 of the Criminal Offences Act,

1960(Act 29).

The brief facts narrated by the prosecution are that the complainant, Eric Yaaro is a

National Security Operative and the accused person is unemployed and resides at

Community 7, Tema. The prosecution claims that in the year 2017, one Ernest Noi

who lives in the United States of America requested the accused to look for a

potential buyer for his house No. AN 1&3 located at Community 7, Tema.

Consequently, on 16th August, 2019, the accused person took advantage of the

absence of the owner and decided to rent the house. Pursuant to that, the accused

person contacted an estate agent to look for someone to rent the house and the said

agent led the complainant to the accused person.

The prosecution further alleges that the accused person took the complainant to the

three bedrooms self- contain house for inspection. After the inspection, the

complainant became interested in renting and paid a total amount of Twenty-Seven

Thousand Ghana Cedis (GH¢27,000.00) for a period of three (3) years to the accused

person. The prosecution states that the accused person, upon receiving the money

assured the complainant that the apartment would be ready in three weeks’ time.

However, when the owner of the land returned to Ghana and met the complainant,

he informed him that he was the actual owner and that he had no intention to rent

the house but rather to sell it. The complainant later confronted the accused person

and subsequently lodged a complaint with the police leading to the arrest of the

accused. The prosecution further sates that investigations disclosed that the accused

person made the representation when he knew he had no authority to rent the house

to the complainant. After investigations, he was charged and arraigned before this

court.

THE PLEA

The accused person who was self-represented at the time his plea was taken pleaded

not guilty to the charge after it had been read and explained to him in the English

Language. The prosecution therefore assumed the burden to prove the guilt of the

accused person beyond reasonable doubt.

BURDEN OF PROOF

It is trite learning that in criminal cases, the burden is on the prosecution to prove the

guilt of the accused person beyond reasonable doubt. See Sections 11, 13, and 15 of

the Evidence Act, 1975, (N