[1960]DLSC134 • October 21, 1960 • Supreme Court •
COMMISSIONER OF POLICE vs. MUTARI
In October 1959, the appellant misrepresented to the complainants that he had French francs to exchange for English notes. The complainants gave him money to exchange, but the appellant failed to provide the French francs and denied receiving any money.
read moreJUDGMENT OF AKIWUMI J.S.C. Akiwumi, J.S.C. delivered the judgment of the court: In October, 1959, the appellant misrepresented to the complainants that he had some French francs which he wanted to change into English notes. Acting upon this inducement the complainants parted with their moneys to him to be exchanged for French francs. After receiving the moneys the appellant failed to give them French francs and denied receiving any money from any of the complainants. Eventually the appellant was arrested and charged with stealing—on three counts. The case was tried by the learned district magistrate at Accra and the appellant was convicted of stealing and sentenced. From this conviction he appealed to the Divisional Court in its appellate jurisdiction. The learned judge confirmed the conviction but in so doing, he, by virtue of section 154 of Cap. 10 altered the conviction, to read “ guilty of false pretence “—as the evidence showed that, but for the false represe...