GH - THE REPUBLIC vs RUDOLF AMO-ASARE

The accused person was charged with Issue of False Cheque contrary to section 313A (1) of the Criminal Offences Act, 1960 (ACT 29) on Counts 1 and Count 2.

THE FACTS OF THE CASE AS PRESENTED BY PROSECUTION

On or before 6th July, 2018, Double Tree Construction Limited in the Greater Accra Region of Ghana gave a Power of Attorney to Equinox Credit Rating and Collection to take the present action. The accused who is the director of Eno Afansor Company Limited collected building materials from Double Tree Construction Limited on behalf of his company around June 2018 and issued two postdated cheques Nos. 021844 and 021845 with a face value of GHC66, 928.84. The said cheques were presented to Fidelity Bank on the said dates for the monies but the cheques were dishonoured. All attempts to trace the accused person proved futile until the case was reported at the Police Station by the complainant. During interrogation, accused admitted the claim and refunded GHC10, 000.00 to Police and same was retained for evidential purposes. After investigations, accused was charged before the court.

THE BURDEN & STANDARD OF PROOF

Clause 2(c) Article 19 of the 1992 Constitution states that a person charged with a criminal offence shall be presumed to be innocent until he is proved guilty or has pleaded guilty. It is therefore incumbent on prosecution to prove the guilt of the accused person since he has pleaded not guilty to all the charges.

The burden of proving the guilt of the accused person requires prosecution to produce cogent, sufficient and reliable evidence so that on all the evidence a reasonable mind could find the existence of the fact beyond reasonable doubt. This burden only shifts to the defence when prosecution discharges its burden to satisfy the court that indeed the accused person has committed the crimes for which he is charged. Section 10(2) of the Evidence Act, 1975 (NRCD 323) makes it mandatory for the prosecution to satisfy the burden cast on it to win the case.

Section173, Criminal Procedure Code, 1960 (Act 30) states that:

“Where at the close of the evidence in support of the charge, it appears to the court that a case is not made out against the accused sufficiently to require the accused to make a defence, the court shall, as to that particular charge, acquit the accused”.

The court is mandated to establish whether or not a prima facie case has been made against the accused person at the end of prosecution’s case before he can be called upon

The accused person was charged with Issue of False Cheque contrary to section 313A (1) of the Criminal Offences Act, 1960 (ACT 29) on Counts 1 and Count 2.

THE FACTS OF THE CASE AS PRESENTED BY PROSECUTION

THE BURDEN & STANDARD OF PROOF

Section173, Criminal Procedure Code, 1960 (Act 30) states that:

The court is mandated to establish whether or not a prima facie case has been made against the accused person at the end of prosecution’s case before he can be called upon

THE REPUBLIC vs RUDOLF AMO-ASARE

Areas of Law

RULING