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YIRENKYI v. THE REPUBLIC

1978

HIGH COURT

GHANA

CORAM

  • OKUNOR J

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

High Court Judge OKUNOR J. allowed the appeal of Jonathan Yirenkyi, a G.N.T.C. clerk at Agona Swedru, who had been convicted of forgery and sentenced to eighteen months imprisonment after pleading Guilty with explanation. The charge alleged he altered a district managers chit originally authorizing ten bags of flour for the Ghana Police Force Training Depot, Winneba, by substituting his wife, Ama Akoto, and changing the date, resulting in supply of flour valued 20, paid to G.N.T.C. and collected by his motherinlaw, Mary Eshun. On appeal, the court held the explanation negated dishonest intent, rendering the plea ambiguous and permitting a not guilty plea. Reviewing authorities on intent to defraud, the judge found only deception, not deprivation or inducement to breach duty by G.N.T.C. He further concluded section 324(3) of Act 30 was repealed by Act 372 and that bail could be granted. The conviction was quashed and an acquittal substituted.

JUDGMENT