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THE REPUBLIC
V.
EMMANUEL KWABENA GAINSFORD

(2012) JELR 65398 (HC)    
High Court  ·  CASE NO. FTRM/75/12 ·  13 Dec 2012 ·  Ghana
CORAM
HIS LORDSHIP JUSTICE P. BRIGHT MENSAH

Ratio Decidendi

Core Terms Beta
pw1
accused person
estate agent
accused
daniel mensah
cheque
person
emmanuel kwabenagainsford
false pretences
frederick sappor
false pretence
association international school
emmanuel george amuah
bank account
criminal offence
land owner
menergy international
plot of land
reasonable doubt
assistant state attorney
case of the prosecution
emmanuel gainsford
mr j.k. yeboah
part of the money
statement of account
brief facts of case
charge of the court
cheque of gh
common law rule
counts of conspiracy
estate agent ie collins amoateng
evidence act
exhibit a.
following issues
guilt of the person
identity card
last cheque
name of emmanuel george amuah
phone calls
piece of land
pieces of evidence
prosecution carries
reason of exhibit a
representation of the existence of a state
said acheampong’s house
said george emmanuel amoah
value of gh450,000
various sums of money

MENSAH, J.

The Accused stands charged with 2 counts of Conspiracy to commit crime, contrary to S. 23(1) of Act 29 and 2 counts of Defrauding by false pretences, contrary to S. 131 of Act 29, respectively.

Upon his arraignment before this court he pleaded not guilty to each count. By this plea Emmanuel Kwabena Gainsford put himself in charge of the court, meaning that his guilt has to be proved beyond reasonable doubt. That common law rule that a person was presumed innocent until the contrary was proved or he pleaded guilty is reinforced by Article 19(2)(c) of the 1992 Constitution which enacts:

“(2) A person charged with a criminal offence shall
(c) be presumed to be innocent until he is proved or has pleaded guilty.”

The mandatory requirement that the guilt of the person charged ought to be established beyond reasonable doubt and the burden of persuasion on the party claiming that a person was guilty, has been provided for in Ss 13 and 15 of the Evidence Act, 1975 (NRCD 323). Signific…

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