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ATUAHENE
V.
COMMISSIONER OF POLICE

(1961) JELR 66621 (SC)

Supreme Court 17 May 1961 Ghana
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- The appellant was charged with fraud by false pretenses. - The prosecution failed to prove the case beyond a reasonable doubt. - The witnesses relied upon by the prosecution were accomplices and their evidence was conflicting. - The trial

Case Details

Judges:AKAINYAH J
Counsel:B.E. KWAW-SWANZY, ATTORNEY-GENERAL, (WITH HIM GYEKE-DARKO) FOR THE RESPONDENT ,OFORI-ATTA FOR PATRICK ANIN FOR THE APPELLANT.

AKAINYAH J.

The appellant was charged with fraud by false pretences, contrary to section 131 of the Criminal Code, 1960 (Act 29), and the particulars of the offence are as follows:

“Paul Achampong Cofie Atuahene, Regional Organiser, Builders Brigade, Koforidua, on or about the 7th day of April, 1960, at Tafo in the Eastern Magisterial District, defrauded Benjamin Akuamoah Boateng of the sum of £G20 by falsely pretending that the said sum of money was payable to Ebenezer Aikins-Hawkson the then Regional Organiser of the Builders Brigade at Koforidua before the said Benjamin Akuamoah Boateng could be promoted to the post of Group Leader in the said Builders Brigade.”

On the 14th April, 1962, the appellant was convicted by the district magistrate, Koforidua, and sentenced to a term of six months imprisonment with hard labour. Against his conviction, he lodged an appeal and an application for bail was made by counsel on his behalf to the Circuit Court, Accra, (the then appellate court) but …

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