[1964]DLSC1949 • November 6, 1964 • Supreme Court •
RABBLES vs. THE STATE
The appellant, a food contractor for the University of Ghana operating as Economic Stabilizer, was charged with forgery, uttering a forged document, and stealing. The prosecution alleged that the appellant altered a Local Purchase Order (L.P.O.) issued by the university, increasing quantities and adding items, and presented it to a supplier (Edward Nassar & Co.) to obtain goods on credit. The appellant was convicted on forgery and uttering forged documents, and by virtue of statutory provisions, convicted of fraud by false pretence instead of stealing. The appellant contended that the prosecution failed to prove intent to defraud and that the representations made were true in substance.
read moreJUDGMENT OF OLLENNU J.S.C. Ollennu J.S.C. delivered the judgment of the court. The appellant was tried by Sowah J. sitting with assessors. The indictment charged him with three counts, namely (1) forgery, (2) uttering a forged document and (3) stealing. The learned judge convicted him on the counts of forgery and uttering a forged document, and by virtue of the provisions of section 136 of the Criminal Code, 1960,1 and section 157 of the Criminal Procedure Code, 1960,2 convicted him of fraud by false pretence instead of the offence of stealing charged. Three grounds of appeal couched in non-legal language were filed and argued by the appellant. The essence of the said grounds and the appellant’s submissions thereon are: (1) the prosecution failed to prove intent to defraud, the essential ingredient in each of the offences of which he was convicted, (2) the documentary evidence contradicts the finding of the trial judge as to pretence made by the appellant, and (3) the only repres.....