[1964]DLSC1863 • June 30, 1964 • Supreme Court •
AKOWUAH vs. COMMISSIONER OF POLICE
The appellant, Akowuah, was convicted by the Circuit Court, Kumasi, for fraud by false pretences under section 131 of the Criminal Code, 1960, for obtaining £G200 from Opanin Kwasi Kokor by falsely representing that Kokor was wanted for arrest and detention under the Preventive Detention Act and that payment would prevent such arrest. The appellant was tried jointly with another who was acquitted. The appellant appealed unsuccessfully to the High Court and then to the Supreme Court.
read moreJUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. The appellant was convicted by the Circuit Court, Kumasi, of the offence of fraud by false pretences, contrary to section 131 of the Criminal Code, 1960.1 He was charged and tried jointly with another person who was the second defendant but that other person was acquitted. He appealed against his said conviction to the High Court, Kumasi, but the same was dismissed, and he has now appealed to this court against the decision of the High Court upholding his conviction. Six grounds of appeal were filed, these were argued in two groups, namely, grounds one and two together, and grounds three, four, five and six also together. The essence of these two sets of grounds are: (1) the charge is bad because the particulars failed to allege “defrauding” or “intent to defraud,” and (2) the false pretence of which evidence was given is at variance with the pretence alleged in the charge. Each of these two q...