THE REPUBLIC v. SUZZY AUNTIE OCLOO

J U D G M E N T

Accused person was charged with the offence of defrauding by false pretence contrary to

section 131 of the criminal offences Act, Act 29 of 1960, accused person pleaded guilty with

explanation but the court entered not guilty plea for her after her explanation to the offence

charged.

The summary of the prosecution’s facts of the offence are that on the 10/6/2021 at about 10.00

am the Customs Exercise and Preventive Service (CEPS) embarked on an operation in

Kpando Municipality. During that operation, complainant’s Nissan xtrail Vehicle was

intercepted by officers of CEPS over fake documents and the vehicle taken to Ho. On the

11/6/2021 accused called the complainant on phone who confirmed to her that his vehicle

had been seized by CEPS, told complainant she has a friend who can help him retrieve the

vehicle from ECPS. Accused then asked desperate complainant to give her GH¢7,000.00 to be sent to a friend in Accra. On same day accused went to complainant’s house at Kpando

Torkor and collected the said amount under the pretext of helping complainant retrieve the

said vehicle from CEPS. Accused then promised the complainant that it will take two weeks

to work out for his vehicle but failed to do so after two weeks. Complainant on the 5/8/2021

reported the case to the police. On the 8/8/2021 accused was arrested and she stated that the

said amount was sent to one Gley Bright in Accra. She has been charged after the

investigation with this offence.

With the not guilty plea entered for the accused, the prosecution then assumed the duty of

adducing credible evidence to proof all the element of the offence beyond reasonable doubt

in order to secure the conviction of the accused as provided for under sections 11(2) and

13(1) of the Evidence Act 1975 (NRCD 323). It was held in YEBOAH AND OTHERS VRS.

THE REPUBLIC (CONSOLIDATED) [1972]2 GLR 281 that:… “the guilt of the accused must

be proven with the degree of certainty required by law. The accused has no burden on him

to prove his innocence. It is the prosecution which must prove the guilt of the accused.

The prosecution called two witnesses in this case.

The complainant James Dodzi Kporha a business man resident of Kpando Torkor gave

evidence as PW1. He said on the 10/6/2021 at about 10:00 am CEPS intercepted and

impounded his Nissan X-trail vehicle in an operation embark upon in Kpando Municipality

on the grounds that the documents covering the vehicle were fake. On th