AGANTULGO AGANA JOSEPH AND 2 ORS
V.
THE REPUBLIC

(2021) JELR 109102 (CA)    
Court of Appeal  ·  MA/1/2021 ·  8 Dec 2021 ·  Ghana
CORAM
ADJEI JA. OWUSU-OFORI J. ASARE-BOTWE (MRS.) J.
Core Terms Beta
appellants
appeal
ground
armed forces act
judge advocate
humble petitioners
armed forces
standard burden of proof
autrefois convict
court martial
appellate court
board of inquiry
civilian clothes
grounds of appeal
sentence of dismissal
wearing of military uniform
court of competent jurisdiction
good order
men of the ghana
weight of the evidence
criminal appeal
judgment of the general court marshal
military tribunal
air force base
case of the prosecution
first ground of appeal
general court
instant appeal
police station
autrefois acquit
charge of the station
clear violation of the mandatory rules of this court
commencement of the trial
criminal matter
documentary evidence
drafting error
duty of this court
entire record of appeal
facts of case
following grounds
judgment of the general court martial
leave of this court
material times
mining site of philemon adjei
open court
questions of law
said philemon
soldiers of the ghana armed forces
standard of proof


JUDGMENT

ASARE-BOTWE,J:

INTRODUCTION:

This is an appeal against the judgment of the General Court Martial, sitting at the Air Force Base, Takoradi, presided over by His Lordship P. Bright Mensah J (as he then was) as the Judge Advocate.  The verdict is dated the 10th of July, 2019.

The offences against the Appellants were as follows: 

207323 ACII AGANTULGO AGANA JOSEPH

COUNT 1: Conspiracy to Commit Robbery Contrary to Section 48 of the Armed Forces Act, 1962 (Act 105)

COUNT 2: Offence Punishable Under Section 78 of the Armed Forces Act (Act 105) Robbery Contrary to Section 149 of the Criminal Offences Act, 1960 (Act 29)

COUNT 3: An Offence Punishable Under Section 78 of the Armed Forces Act, (Act 105) that is to say Causing Harm Contrary to Section 69 of the Criminal Offences Act, 1960 (Act 29)

COUNT 5: Absented Himself Without Leave Contrary to Section 29 of the Armed Forces Act, 1962 (Act 105)

COUNT 6: An Act to the Prejudice of Good Conduct and Discipline Contrary to Section 54 of the Armed…

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