I have before me a submission of no case to answer filed by counsel for the first, second and fourth accused person on the grounds that the evidence led by prosecution at the close of their case was insufficient to establish a prima facie case against accused persons.
Before considering the arguments made by counsel, it is important to look at the offence, the accused persons are charged with and the essential ingredients prosecution was tasked with proving. The accused persons are charged with conspiracy to commit the crime of defrauding by false pretences and defrauding by false pretences. The particulars of offence of count 2, defrauding by false pretences provides that the accused persons
“on the 17th of September 2021 at Diaso in the central region and within the jurisdiction of the court with the intent to defraud, you did obtain the consent of one Charles Quaicoe to part with cash the sum of GH¢400000 by means of certain false pretense to wit by falsely pretending that if the said amount is given to you, you could secure him 1.2kg of gold and upon this false representation you succeeded in obtaining the said amount from Charles Quaicoe which statement you knew at the time of making it to be false.”
From the particulars of offence, it appears the accused persons played equal roles in the deception of the complainant that led to this crime. This is however not the case as is clearly seen from the facts supporting the charge and from the evidence led by the prosecution witnesses.
Moving on, the essential ingredients required to be proved by u can be gleaned from the definition of the crime. Sections 131 and 132 of the Criminal Offences Act, 1960, Act 29 provides that
131. Defrauding by false pretence
(1) A person who defrauds any other person by a false pretence commits a second degree felony.
(2) A person who by means of a false pretence or by personation obtains or attempts to obtain the consent of another person to part with or transfer the ownership of a thing by a false representation of acting in accordance with the instructions, orders or a request of the President or member of the Cabinet, commits a second degree felony under subsection (1) and is liable to a term of imprisonment of not less than ten years and not more than twenty-five years despite section 296 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30).35(35)
132. Definition of defrauding by false pretence
A person defrauds by false pretences if, by means of a
