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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...

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...

Is ignorance of the law absolutely a no excuse under Ghana Law?

The Lartin Term "IGNORANTIA JURIS NON EXCUSAT" means ignorance of the law is no excuse. This term simply means that if you do not know that something is unlawful and you do such an unlawful act, it's consequence will still be visited on you. For example, you cannot say that you did not know that touching someone without the person's consent is an assault. You will not be excused for not knowing it's a crime. Under Section 29 (2) of the Criminal Offence Act of Ghana, this Lartin term has been codified and so it's no longer just a common law maxim but a law passed by parliament of Ghana. The said section says as follow: " A person shall not, except as in this Code otherwise expressly provided, be exempt from liability to punishment for any act on the ground of ignorance that the act is prohibited by law. " In simple terms, you are expected to know any law in Ghana whether you know in fact or not. Public Policy is that, it will be impracticable t...

LAWS OF GHANA SIMPLIFIED

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