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TETTEH
V.
THE STATE

(1965) JELR 83399 (SC)

Supreme Court 23 Nov 1965 Ghana
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- Conviction quashed and appellant acquitted due to prosecution’s failure to call material witnesses and conclusively prove the alleged amount involved in fraud by false pretences. - Key principle: The prosecution bears the burden of proof

Case Details

Judges:OLLENNU, AKAINYAH AND SIRIBOE JJ.S.C.
Counsel:Appellant in person. J. N.K. Taylor, Senior State Attorney, for the respondent.
Other Citations:[1965] GLR 670 - 675

JUDGEMENT

AKAINYAH J.S.C.

The appellant was convicted by the district court on 5 October 1964, on a charge of fraud by false pretences and was committed to the High Court for sentence under the Punishment of Habitual Criminals Act, 1963,1 because, he admitted three previous convictions for stealing, one for conspiracy and another for housebreaking. On 30 October 1964, the appellant was sentenced to a term of three years' imprisonment with hard labour by Kingsley Nyinah J.

The particulars of the charge were as follows:

"For that you, Lomo Tetteh, on the 8th day of August, 1964, at Christiansborg, Accra, in the Accra Magisterial District and within the jurisdiction of this court, with intent to defraud did obtain cash the sum of £G116, from one Rev. Conard Alexander Lutterodt by falsely pretending to the said Rev. Conard Alexander Lutterodt, that if he gave you the sum of £G116, you could buy him some photographic materials at Tema Harbour, whereas in fact and in truth you well knew at the …

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