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July 27, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
The Accused Person was charged with Two (2) Counts of Defrauding by
False Pretenses: Contrary to Section 131(1) of the Criminal and Other
Offences Act, 1960 (Act 29) hereinafter referred to as Act 29. The brief facts of
the matter as incorporated from the Charge Sheet is that sometime in 2022,
the Complainant met the Accused Person on Facebook and later became
lovers. The Accused person then encouraged the Complainant to venture into
the sale of second-hand clothes when she informed him of her intention to do
something for a living. The Complainant then parted with an amount of
Ghc3, 000.00 for the Accused Person to buy the said clothes but he failed to do
so. The Accused Person again informed the Complainant of a travelling
opportunity to Turkey as he was part of those travelling and therefore wanted
the Complainant to join him. The Accused Person then collected the sum of
Ghc12, 000.00 to process her travel document but again failed to do so and after collecting the total sum of Ghc15, 000.00 from the Complainant, he went
into hiding until his arrest and arraignment before this Court.
The Plea
On the 22nd day of March 2023, the Accused Person pleaded not guilty to the
offences after same was read to him. The Prosecution assumed the burden to
prove the guilt of the Accused Person beyond reasonable doubt. To prove
their case, the Prosecution called Two (2) Witnesses and tendered in evidence
the following;
1. Exhibit “A” - Caution Statement of the Accused Person;
2. Exhibit “B”- Further Caution Statement of the Accused Person;
3. Exhibit “C”- Charge Statement of the Accused person.
Analysis
Article 19 (2) (c) of the 1992 Constitution of the Republic of Ghana presumes
everyone innocent until the contrary is proved or he/she pleads guilty. In
every criminal prosecution, when an accused person denies an offence,
prosecution assumes a statutory obligation to prove the guilt of the accused
beyond reasonable doubt. Section 11(2) of the Evidence Act, 1975, NR of Act
CD 323 (hereinafter referred to as NRCD 323) with specific reference to
criminal cases reads ‚in a criminal action the burden of producing evidence when it
is on the prosecution as to any fact which is essential to guilt, requires the prosecution
to produce sufficient evidence so that on all the evidence a reasonable mind could find
the existence of the fact beyond reasonable doubt.‛ Section 13(1) of the Evidence
Act 1975 NRCD 323 provides the extent of pr
AI Generated Summary
This Circuit Court judgment acquits an accused, identified in his defence as Samuel Clottey, of two counts of defrauding by false pretence under Act 29. The complainant met him on Facebook in 2022, became romantically involved, and at his encouragement transferred GHS 3,000 for second-hand clothing, which was not delivered. He later touted a Turkey travel opportunity, obtaining additional funds—allegedly GHS 12,000 for travel documents—via mobile money to specified numbers. When she traveled to Accra for her passport, he was unreachable and had been dismissed from work. The prosecution relied on the accused’s caution and charge statements and two witnesses; the investigator said the accused admitted receiving GHS 7,300. Applying constitutional and evidentiary standards and the elements of defrauding by false pretence, the court found the evidence insufficient, noting the absence of corroboration and documentary proof of false representations, and held that the prosecution had not met the reasonable doubt standard. The accused was acquitted and discharged.