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RICHARD KWABENA ASIAMAH V. REPUBLIC

(2020) JELR 92044 (SC)

Supreme Court  •  CRIMINAL APPEAL NO. J3/06/2020  •  4 Nov 2020  •  Ghana

Coram
DOTSE, JSC (PRESIDING), PWAMANG, JSC, TORKORNOO (MRS.), JSC, HONYENUGA, JSC, PROF. MENSA-BONSU (MRS.), JSC

Appearances
NKRABEAH EFFAH DARTEH FOR THE APPELLANT; FRANCES MULLEN ANSAH (MRS), CHIEF STATE ATTORNEY FOR THE RESPONDENT.

Judgement

JUDGMENT

TORKORNOO (MRS.), JSC

In her book ‘Murder on the Orient Express’, Agatha Christie (1934) tells the story of how the famous fictional detective Hercule Poirot discovered that all of the twelve passengers on board of the Orient Express train, though at first glance unrelated, were co-conspirators in the plot to murder the thirteenth passenger. 

In a case reminiscent of this fictional tale by the famous Agatha Christie, the appellant was one of four persons charged with two offences. Though only four people were charged, the facts of the case revealed several people involved in the transaction that led to the crime prosecuted, apart from several people in the shadows of the crime whose roles were not identified.

The appellant was charged with the offence of conspiracy to defraud by false pretences contrary to Section 23 (1) and 131 (1) of the Criminal Offences Act, 1960, Act 29. The particulars of offence was that in the month of January 2014, the Appellant acted together with the o…

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