THE REPUBLIC V. JOANA KRAH AKOS

JUDGMENT 

This appeal concerns a fundamental issue relating to criminal law jurisprudence i.e. how to establish the physical element (actus reus) and the mental element (mens rea) in a transaction in order to fix criminal liability. It also concerns the circumstances under which a guilty plea can lead to conviction particularly the legal effects of the charge sheet and facts of a case. This appeal also brings to the fore our punishment regime and the factors that are considered in imposing a sentence. This appeal emanates from the judgment of the Circuit Court Takoradi, delivered by His Honour Michael Kudjo Ampadu on the 26 day of October, 2021. The appellant was charged with one count of deceiving a public officer, contrary to Section 251(b) of the Criminal Offences Act, 1960 (Act 29) and one count of publication of false news with intent to cause fear and alarm to the public, contrary to section 208(1) of Act 29. Out of abundance of caution, I produce in full the statements and part…