BINEY
V.
THE REPUBLIC

(1972) JELR 69627 (HC)    
High Court  ·  16 Jun 1972 ·  Ghana
 · 
Other Citations
[1972] 2 GLR 229
CORAM
FRANCOIS J.
Core Terms Beta
charge
section
miscarriage of justice
view
counsel
facts
fundamental rights
instant case
10th day of july
accused person
aid of the suspended constitution
aliens act
ali mahamadu fulani
allegation of ownership
appellant’s denial
appellate court
argument of defence counsel
bernard lawrence salifu neah
case dealing
case of osei v
charge of extortion
circumstances of a miscarriage of justice
context
contravention of the control of prices act
control price
courts act
criminal code
criminal offence
custodial sentence
english practice
evidence of the second prosecution witness halm
evidence of the third accused
francois j.
fundamental breach of the constitution
fundamental principles
general police corporal
judgment of hayfron-benjamin j.
jurisdiction of this court
last word
mandatory requirement
mr. kwaw swanzy
mr. swanzy
mr. swanzy’s submission
nature of the offence
peculiar circumstances of that case
prosecution’s case
public officers
question of a discharge
said money
time of the offence

FRANCOIS J.: The appellant was convicted on a charge of extortion contrary to section 239 (1) of the Criminal Code, 1960 (Act 29). The facts appear in the particulars of the count which are as follows:

“1. Joseph Cobbina Biney: General Police Corporal; 2. Eric Mawusi: Escort Police Corporal; 3. Bernard Lawrence Salifu Neah: General Police Constable: For that you on or about the 10th day of July, 1971 at Sogakofe, in the Volta Magisterial District and within the jurisdiction of this Court being public officers and under the colour of your office, did demand and obtain cash the sum of N¢9.00 from one Ali Mahamadu Fulani, for allegedly contravening the Aliens Act, and at the time of demanding and obtaining the said money you knew you were not lawfully authorised same to do.”

The demand by the appellant and his companions of a sum from Mahamadu Fulani is amply supported by witnesses whose veracity could hardly be impeached. Most impressive is the evidence of the second prosecution witness H…

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