COMMISSIONER OF POLICE
V.
BONNEY & ORS.

(1959) JELR 65776 (CA)    
Court of Appeal  ·  29 May 1959 ·  Ghana
 · 
Other Citations
[1959] GLR 237
[1967] GLR 237 - 240
CORAM
VAN LARE J.A. AS C.J.,GRANVILLE SHARP J.A. ,ACOLATSE J.
Core Terms Beta
charge
facts
opinion
section
false pretences
accused person
appellants
charge of fraud
count
criminal code
criminal procedure code
first appellant
person
availability of money
bray’s consent
charge of false pretences
combined effect
consent
consent of the owner
district magistrate
duress
east p.c.675
fact
falsehood
fraud
granville sharp j.a.
headnote
house
instant case
learned judge of the divisional court
lordship
means of deceit
moment
money
offence
order
ownership of the money
part of the indictment
presence of the second appellant
provisions
purchase of cloth
reasoning
r. v
story
substituted charge
substitution
sum
temporary loan
victim of the appellants
woman

GRANVILLE SHARP J.A.: Whatever may be the fact as to the purchase of cloth, it is perfectly clear that the story told by the first appellant in the presence of the second appellant as to the availability of money in her house was false. It was this falsehood that induced the victim of the appellants to consent to hand over to the first appellant the sum of £600 Bray’s consent was therefore void, for Section 16 (2) of the Criminal Code expressly provides: “A consent shall be void if it is obtained by means of deceit or duress.” Clearly therefore, in our opinion, at the moment when the woman took the money, she took it without the consent of the owner, and dishonestly appropriated it. The offence was one of stealing.

The District Magistrate, however, is recorded as finding that these two appellants were “not guilty of stealing, but guilty of fraud by false pretences”. In this the learned Judge of the Divisional Court supported him.

(His lordship read Section 39 of the Criminal Code and Se…

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