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AARON KWESI KAITOO V. THE REPUBLIC

(2018) JELR 63527 (CA)

Court of Appeal  •  SUIT NO.: H2/25/2017  •  26 Apr 2018  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), DENNIS ADJEI J. A., GERTRUDE TORKORNOO J. A.

Judgement

TORKORNOO, J. A:

Sections 173 and 174 (1) of the Criminal and other Offences (Procedure) Act 1960, Act 30, provide that

173. Acquittal of accused when no case to answer

where at the close of the evidence in support of the charge, it appears to the court that a case is not made out against the accused sufficiently to require the accused to make a defence, the court shall, as to that particular charge, acquit the accused.’

Section 174 the defence

(1) At the close of the evidence in support of the charge, if it appears to the Court that a case is made out against the accused sufficiently to require the accused to make a defence, the court shall call on the accused to make the defence and shall remind the accused of the charge and inform the accused of the right of the accused to give evidence personally on oath or to make a statement.

Section 1 (1) of the Anti-Money Laundering Act, 2008 Act 749 also provides:

A person commits the offence of money laundering if that person knows or ought to hav…

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