ASIMAKU
V.
THE STATE

(1967) JELR 65458 (HC)    
High Court  ·  17 Mar 1967 ·  Ghana
CORAM
KORANTENG-ADDOW J.
Core Terms Beta
evidence
appellant
counsel
charge
fourth prosecution witness
place
second accused
particulars of offence
a. lang
kwame bafoe
eighth prosecution witness
low price
uncorroborated evidence of an accomplice
accused person
autrefois convict
circuit court
facts of the case
learned circuit judge
learned trial circuit judge
legal defences
such evidence
sufficient information
thomas quacoo
trial circuit judge
trial judge
alleged crime
authorities of r. v
charge defective
charge of its legal validity
charges of forgery
criminal code
criminal procedure code
defence of the appellant
district court
driver of a haulage company
koranteng-addow j.
learned counsel
load of timber
mr. amua-sekyi
name of the place of the commission
nature of the charge
offence of stealing
omission of the place of commission
place of the commission of the offence
prima facie case
purchase price
subject-matter of the charge
sufficient information of the nature of the charge
support of his argument
suspicious circumstances

KORANTENG-ADDOW J.

The appellant herein was charged with the offence of stealing and tried and convicted at the Circuit Court, Takoradi, on 29 September 1966. He was sentenced to a term of eighteen months’ imprisonment with hard labour. It is from that conviction that he has appealed to this court. He was charged together with one Thomas Quacoo, the second accused. The said Thomas Quacoo was charged on two counts with forgery and aiding and abetting the stealing with which the appellant was charged.

The facts of the case are that the appellant, a driver of a haulage company (C.H.C.), was despatched from Kumasi by his company, as carriers, to convey a load of timber to A. Lang and Co. at Takoradi. The load consisted of sawn boards valued at ¢751.87 (£G313 5s. 7d.). Before reaching Takoradi the appellant diverted to a village on the way called Juaben and sold the timber to one Kwame Bafoe, the fourth prosecution witness.

The evidence for the prosecution has it that after the sale the appel…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login