Ratio DecidendiRatio Decidendi



COMMISSIONER OF POLICE
V.
AMEYAW

(1962) JELR 69530 (HC)    
High Court  ·  17 Dec 1962 ·  Ghana
 · 
Other Citations
[1962] 2 GLR 162
CORAM
APALOO J.

Ratio Decidendi

Core Terms Beta
trial
appellant
order
case
counsel
learned circuit judge
prosecution
appeal
circuit court
police
section
circuit judge
district court
power
second trial
trial court
wrong reason
ample evidence
apaloo j.
appeal court
benefit of counsel
competent court of appeal
conclusion of argument
conviction of the appellant
court of competent jurisdiction
criminal case
criminal procedure code
decision of the district magistrate
district magistrate
eye-witness
hearing de novo of this case
little doubt
little prospect of success
only ground
peculiar facts of this case
preliminary submissions of law
principal witness
result of the careless driving of the appellant
said order
second attempt
second conviction of the appellant
second hearing
such want of jurisdiction
sydney anhwere dankwa
trial of the case
whole case
wrong exercise of jurisdiction

APALOO J.

On the 28th October, 1960, an accident occurred on the Koforidua-Kumasi road involving lorry No. AG 1022 driven by one Sydney Anhwere Dankwa and the appellant, who was then in charge of motor vehicle No. AE 4828. This accident resulted in injuries to many persons and seems to have been fairly serious. The police claimed that the accident occurred as a result of the careless driving of the appellant. Accordingly, he was charged with that offence and brought to trial before the district court. The appellant was duly convicted of that offence.

During the trial of the case, the driver in charge of lorry No. AG 1022 did not give evidence. He said he was unwell and sent a telegram to the police to that effect. It is probable that he also suffered injuries in the accident. The police must have felt able to proceed with the case without him. The trial proceeded without his evidence resulting, as I have said, in the conviction of the appellant. The appellant appealed against his convi…

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