[1980]DLHC1635 • December 11, 1980 • High Court
SARPONG vs. THE REPUBLIC
The appellant, Emmanuel Victor Sarpong, was convicted by the Circuit Court, Sekondi, for fraud by false pretences under section 131 of the Criminal Code, 1960 Act 29. The prosecution alleged that the appellant represented to the complainant that the General Manager of Allied Chemicals Ltd. was his friend and intended to supply roofing iron sheets worth ¢50,000, inducing the complainant to pay ¢35,000. The appellant denied the charge, claiming the transaction was legitimate business involving goods other than roofing sheets.
read moreJUDGMENT OF ANSAH-TWUM J. This is an appeal against the conviction and sentence of the appellant, Emmanuel Victor Sarpong, on 30 September 1980, to a term of four years’ imprisonment by the Circuit Court, Sekondi, on a charge of fraud by false pretences, contrary to section 131 of the Criminal Code, 1960 (Act 29). The following are the original and additional grounds of appeal respectively filed and argued in the matter: “(a) That the judgment was erroneous in law. (b) That from all the evidence adduced at the trial and particularly with reference to exhibit C, the trial judge should have held that the transaction between the first prosecution witness and the appellant was one of legitimate business. Additional grounds of appeal (1) The learned circuit judge erred in finding the accused person guilty before he opened his defence. (2) The learned trial judge erred in that he failed properly to consider the defence of the accused. (3) The learned trial judge erred in law whe...