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May 22, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
The accused person herein was arraigned before this court on 18th April, 2023
charged with Defrauding by False Pretences contrary to section 131 of the
Criminal Offences Act, 1960 (Act 29).
He pleaded not guilty after the charge had been read and explained to him in
Twi, being his language choice.
The facts of the case as presented by the prosecution are that the complainant
David Dankwah Mireku is an auto dealer and resident of Nii Boi Town, Accra.
The accused on the other hand is a self-acclaimed trader. On 6th November, 2022,
accused person who in the past had sold vehicles to the complainant’s partner,
Agyei Opoku Michael, called and informed the said Agyei Opoku Michael, a
witness in this case that he imported four vehicles which have arrived at the
Tema Port, including two Toyota Corolla vehicles for sale. The accused further
requested of the witness to send him the sum of GH¢83,768.00 to enable him pay
customs duty to clear the vehicle in order to sell to them. The accused
subsequently provided the witness with Fidelity Bank account number
2410013905958 to send the money into it. He further informed the witness that,
the said Fidelity Bank account belongs to his clearing agent who was to clear the
vehicles. The witness notified his partner, the complainant about the accused
person’s proposal. On 7th November 2022, the complainant proceeded to the
Abeka branch of Fidelity Bank together with the witness where the complainant
David Dankwah Mireku deposited GH¢83,768.00 into the said Fidelity Bank
account. Immediately upon sending the money, the accused was notified.
Accused after being notified about the deposit, suddenly switched off his mobile
phone, preventing the complainant and the witness from reaching out to him. As
a result, on 8th November 2022 the complainant and the witness proceeded to the
accused’s house where his wife was met, but she informed them that the accused
had vacated his house a week prior to the fraud. On 17th November 2022 the
complainant reported the incident to the police. As part of investigation, the
operators of Fidelity Bank account numbers 24100013905958 Kwame Ofosuhene
and 1060141096719 Inspr. Kwadwo Armah Aboagye-Anin Kissi were arrested.
Investigation revealed that on 7th November 2022, the very day the complainant
was defrauded by the accused, the accused contacted Kwame Ofosuhene,
operator of Fidelity Bank account number 2410013905958 and pleaded with him
to give him his a
AI Generated Summary
This criminal judgment from the Circuit Court, presided by Her Honour Akosua Anokyewaa Adjepong, concerns a scheme in which the accused induced auto dealer David Dankwah Mireku, through business partner Agyei Opoku Michael, to deposit GH 83,768 into a Fidelity Bank account, supposedly for customs duties to clear two Toyota Corolla 2013 LE cars at Tema Port. The accused represented the account as his agents, but investigations showed it belonged to spare parts dealer Stephen/Kwame Ofosuhene, who transferred GH 20,000 to Inspector Kwadwo Armah Aboagye-Anin Kissi and delivered GH 63,768 cash to the accused. The accused admitted diverting the funds to settle a prior debt and import a Toyota Vitz, and then switched off his phone; there were no Corollas. Applying Act 29 and evidentiary principles, the court found intent to defraud and convicted, imposing five years imprisonment and ordering restitution of GH 73,768.