JOSEPH OWUSU vs. THE REPUBLIC.

JUDGMENT The Appellant herein was arraigned before the Duayaw Nkwanta Circuit Court on the 13th of July 2012 on a count of conspiracy to commit the offence of defrauding by false pretences and a second count of defrauding by false pretences contrary to Sections 23(1) and 131 of the Criminal Offences Act 1960 Act 29. The accused person pleaded guilty with explanation to both counts after the charges were read and explained to him. The court heard his explanation on both counts and found that his explanation on the count of defrauding by false pretences count two, amounts to guilt and proceeded to acquit and discharge the appellant on the first count of conspiracy because “by his own admission accused is acquitted and discharge on count one as one person is incapable of conspiring.” The court therefore convicted him on his own plea and sentenced him to a prison term of five (5) years IHL in respect of count two. It is against this sentence that the appellant filed the instant appeal...