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ATIEMO V. COMMISSIONER OF POLICE

(1961) JELR 67388 (SC)

Supreme Court  •  15 Feb 1961  •  Ghana

Coram
ADUMUA-BOSSMAN JSC, MILLS-ODOI JSC , BLAY JSC

Judgement

ADUMUA-BOSSMAN J.S.C: The appeal is against a conviction dated the 8th May, 1962, of the appellant by the Circuit Court, Accra (Judge H. P. L. Bannerman, as he then was) on three counts of defrauding by false pretences, contrary to section 131 of the Criminal Code, 1960.1 The particulars in each case were that:

“With intent to defraud, you did obtain the consent of one Sulemanu Mensah Disu, a building contractor of Accra, to part with the amount of £G100 [in the first charge, but £G400 and £G1,000 respectively in the second and third charges] by falsely pretending that you were a top-ranking executive member of the C.P.P., and that if the said sum be given to you, you could obtain existing government contracts for the said Sulemanu Mensah Disu, which pretence you knew to be false.”

The prosecution’s case was: That during April-May 1960 the complainant (P.W.1) was constructing a building at a site near Kimberley Avenue, Accra, when one morning the appellant came there. He asked who was d…

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