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OTU
V.
THE REPUBLIC

(2025) JELR 115166 (HC)

High Court 26 May 2025 Ghana
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- Conviction on count one (defrauding by false pretences—Criminal Offences Act 1960, s.131) affirmed; two-year custodial sentence upheld as within statutory discretion and not excessive. - Conviction and sentence on count two set aside; app

Case Details

Suit Number:CR/0261/2025
Judges:MARY M.E YANZUH J.
Counsel:EUNICE DARKOH FOR THE APPELLANT PRESENT. JENNIFER AFRIYIE YENTUMI FOR THE REPUBLIC/RESPONDENT PRESENT.
Location:Accra

JUDGMENT

The Appellant herein was arraigned before the Adentan Circuit Court on the 11th day of July 2024 wherein he was charged with two counts of defrauding by false pretense contrary to Section 131(1) of the Criminal Offences Act 1960 (Act 29).

The appellant pleaded guilty with explanation to both counts and the trial judge upon hearing the explanation of the appellant found that the explanation confirms the guilt of the appellant and proceeded to convict him on both count one and two. Upon conducting a pre-sentence hearing, the appellant herein was sentenced to two years imprisonment on count one and twelve months imprisonment on count two; sentence was to run consecutively. It is against this conviction and sentence that the appellant filed the instant petition of appeal on the 24th of February 2025 and amended same which was filed on the 9th of April 2025.

GROUNDS OF APPEAL

The grounds of appeal filed are as follows:

1. That the conviction was wrong as the explanation of the Appellan…

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