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THE REPUBLIC
V.
JOANA KRAH AKOS

(2022) JELR 110103 (HC)

High Court 7 Jun 2022 Ghana
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- The case involves the issue of establishing the physical element (actus reus) and the mental element (mens rea) in a criminal transaction to determine criminal liability. - The appellant was charged with deceiving a public officer and pub

Case Details

Suit Number:E9/25/21
Judges:HIS LORDSHIP DR. RICHMOND OSEI- HWERE.
Counsel:ENOCH ALLA MENSAH FOR EMMANUEL ARTHUR FOR THE APPELLANT. PATIENCE KLINOGO (MS), CHIEF STATE ATTORNEY FOR THE REPUBLIC/RESPONDENT.

JUDGMENT 

This appeal concerns a fundamental issue relating to criminal law jurisprudence i.e. how to establish the physical element (actus reus) and the mental element (mens rea) in a transaction in order to fix criminal liability. It also concerns the circumstances under which a guilty plea can lead to conviction particularly the legal effects of the charge sheet and facts of a case. This appeal also brings to the fore our punishment regime and the factors that are considered in imposing a sentence. This appeal emanates from the judgment of the Circuit Court Takoradi, delivered by His Honour Michael Kudjo Ampadu on the 26 day of October, 2021. The appellant was charged with one count of deceiving a public officer, contrary to Section 251(b) of the Criminal Offences Act, 1960 (Act 29) and one count of publication of false news with intent to cause fear and alarm to the public, contrary to section 208(1) of Act 29. Out of abundance of caution, I produce in full the statements and part…

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