MENDS-BUAH v THE REPUBLIC [1995-96] 1 GLR 26-31

Criminal law and procedure—Sentence—Fine and imprisonment—Sentencing power of court—Court granted discretion under section 297 of Act 30 to impose sentence of fine or imprisonment or both on conviction of accused—Appellant on conviction for fraud by false pretences ordered to refund ¢9 million or in default serve ten years' imprisonment—Whether sentence lawful—Criminal Procedure Code, 1960 (Act 30), s 297.

Criminal law and procedure—Sentence—Fraud by false pretences—Compensation—Sanction for default—Victims of fraud by false pretences to receive compensation—Whether tribunal empowered to impose custodial sentence on accused on default of payment—Compensation intended to have civil rather than criminal character—Appellant convicted of fraud by false pretences and sentenced to pay ¢9 million to victim or serve ten years' imprisonment for default—Whether custodial sentence lawful—Public Tribunals Law, 1984 (PNDCL 78), s 31(1) and (2).