TETTEH vs. THE STATE [1965]DLSC1858

Date	1965-11-23
Suit No.
Citation No.	[1965]DLSC1858

OLLENNU JSC

AKAINYAH JSC

SIRIBOE J.S.C.

APPELLANT IN PERSON.

J. N.K. TAYLOR SENIOR STATE ATTORNEY FOR THE RESPONDENT.

[1965]DLSC1858
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													<main id="main" class="content" style="min-height: 60rem" >TETTEH <o:p></o:p>vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1965] GLR 670<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
23 NOVEMBER 1965.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APPELLANT IN PERSON.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

OLLENNU, AKAINYAH AND SIRIBOE JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AKAINYAH J.S.C.<o:p></o:p>Akainyah J.S.C.
delivered the judgment of the court. The appellant was convicted by the
district court on 5 October 1964, on a charge of fraud by false pretences and
was committed to the High Court for sentence under the Punishment of Habitual
Criminals Act, 1963,1 because, he admitted three previous convictions for
stealing, one for conspiracy and another for housebreaking. On 30 October 1964,
the appellant was sentenced to a term of three years’ imprisonment with hard
labour by Kingsley Nyinah J.<o:p></o:p>The
particulars of the charge were as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“For that
you, Lomo Tetteh, on the 8th day of August, 1964, at Christiansborg, Accra, in
the Accra Magisterial District and within the jurisdiction of this court, with
intent to defraud did obtain cash the sum of £G116, from one Rev. Conard
Alexander Lutterodt by falsely pretending to the said Rev. Conard Alexander
Lutterodt, that if he gave you the sum of £G116, you could buy him some
photographic materials at Tema Harbour, whereas in fact and in truth you well
knew at the time of making it the statement to be false.”<o:p></o:p><o:p>&nbsp;</o:p>The facts
of the case are as follows: On 8 August 1964, the appellant visited the house
of the complainant, the Rev. Conard Alexander Lutterodt, accompanied by a man
named Atta Boye. It was admitted that the appellant and the complainant (who
described himself as a minister and photographer) became friends while they
were both serving terms of imprisonment at the Nsawam Prison in the year 1962.
It is alleged that on the date in question, the appellant introduced Atta Boye
to the complainant as an auctioneer in charge of auction sales at Tema Harbour
and asked the complainant for the sum of £Gl16 with which to obtain some
photographic materials at the auction for him.<o:p></o:p><o:p>&nbsp;</o:p>Consequently,
the complainant produced a sum of money which he handed to his two wives to
check for him in the presence of the appellant. When the counting was over, the
complainant told his wives what the money was intended for and handed the sum
of £Gl15 plus an extra one pound to the appellant in the presence of the said
wives. The photographic materials were to be delivered to the complainant on
Monday, 10 August 1964, but neither the appellant nor Atta Boye turned up
again. On 27 August 1964, the complainant made a report to the police and the
appellant was arrested on the same day.<o:p></o:p><o:p>&nbsp;</o:p>Upon his
arrest, the appellant made a statement to the police (exhibit A) on which he
relied at the trial. In it he recounted his association with the reverend
gentleman in the Nsawam Prison and said that on the day of the complainant’s
discharge from prison, he gave to the appellant an open written invitation to
visit him after his (the appellant’s) release. About two-and-a-half months
prior to 8 August 1964, the appellant was discharged. He therefore visited the
complainant accompanied by a friend of his named Atta Boye and asked for a loan
of £G20 to enable him to re-start his (the appellant’s) fishing business. The
complainant said he could not afford to lend him the whole amount of £G20
required but he gave him the sum of £G16. In cross-examination, the appellant
put it to the complainant that he lent him only £G16 and that he had won that
sum at the races. The complainant admitted that he attended races but denied
that he won any sum of money there.<o:p></o:p><o:p>&nbsp;</o:p>In
support of the complainant’s story, only one of his two wives, Miss Alexander
Asugba Addy, was called by the prosecution and she testified that on the date
in question when she and her husband returned from the races, the appellant and
another man came to their house and had a conversation with the complainant in
the sitting room. She was in the kitchen. Later on, the complainant called her
and another wife of his and gave them some money to check for him which they
did. It was £G116. The complainant then handed the said sum to the oth</main>