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PUNISHMENT FOR DEFRAUDING BY FALSE PRETENCES IN GHANA: THE CASE OF AGRADAA’S 15 YEAR JAIL TERM

Madam Patricia Asiedua popularly known as Agradaa was handed a 15-year jail term yesterday by the Accra Circuit Court. Many have argued that the jail term is excessive and harsh. This write up is aimed at throwing some light on the offense she committed and the available punishments for the court, given her circumstances, so that readers can have an informed basis to argue on whether or not the sentence was excessive. Ms. Asiedua was charged amongst other offences, with, Defrauding by false pretences. Since I do not have the benefit of the full charge sheet, I shall discuss only the offence of defrauding by false pretences and perhaps update myself if I see the full charge sheet and get to know of the other offences she was charged in addition to this one. But what readers must bear in mind is that, whenever two or more offences are charged and proved against a person, the courts would usually hand over sentence for all the offences. However, it i...

LAW ON DISTRIBUTION OF MARITAL PROPERTY UPON DIVORCE : ONE FOR ME, ONE FOR HIM - FAIR OR FOUL?

I bought a piece of land before getting married. I registered it in my name and even started building on it before getting married. But upon marriage, my husband and I agreed that rent would not help us so he helped me to finish the building and we all moved in to live as husband and wife. Now our marriage is on the rocks, and we are getting a divorce. Why should the man who has treated me so badly get a share of this house which is registered in my personal name and not our joint names. Does it not belong to me alone? Can such a property be classified as a marital property? The above scenario and many more are questions that disturb the peace of many people about divorce. The question of “marital property” and how it should be shared. The Law in Ghana on distribution of marital property is very simple and complex at the same time. The law says EQUALITY IS EQUITY . The properties of the couple must be shared in such a way that every person would be equally and adequately catered ...

RAPE AND OTHER SEXUAL OFFENCES IN GHANA

Whilst sex is a very important part of humanity, it also has calamitous consequences when it happens wrongly. This article is not intended to look at spiritual or medical consequences of sex but rather the legal consequences of sex when not done right in Ghana. So, in effect, I shall be taking you through some offences in Ghana which can be classified as sexual offences. Rape seems to be the commonest sexual offence known by many people. But even so, there is a very widely accepted wrong impression, that rape is forceful or violent sex with a woman. This article will try to explain what rape really is, and its consequences. It shall also explore some other sexual offences such as Defilement, Carnal Knowledge, Indecent Assault, Unnatural Carnal Knowledge, Incest, Householder permitting Defilement of a child, Procuration, Seduction or Prostitution of a child under sixteen, and Compulsion of Marriage . RAPE Rape is a very serious offence bec...

LAWS OF GHANA SIMPLIFIED

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