LAWS OF GHANA SIMPLIFIED

  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...

  The Ghanaian media has been inundated with discussions on the state's decision to discontinue criminal prosecutions against several high-profile individuals of the National Democratic Congress (NDC) which were initiated by the erstwhile NPP government, including Samuel Ofosu Ampofo, Anthony Kwaku Boahen, Dr. Stephen Kwabena Opuni, and Seidu Agongo. The Attorney General's (AG) instruction to withdraw charges has raised questions about the distinction between a Nolle Prosequi and a withdrawal of charges.   It's unclear from the information provided whether the AG entered a Nolle Prosequi or simply withdrew the charges. The distinction is crucial, as a Nolle Prosequi would imply that the state is unwilling to continue the prosecution, while a withdrawal of charges might suggest that the prosecution is being discontinued due to other reasons.   This article examines the stages at which a Nolle prosequi and Withdrawal can be entered and their effects on criminal tria...