Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



COMMODORE ALIAS KAYAA
V.
THE REPUBLIC

(1976) JELR 69863 (HC)    
High Court  ·  24 Jun 1976 ·  Ghana
 · 
Other Citations
[1976] 2 GLR 471
[1976] 2 GLR 471-488
CORAM
TAYLOR J.

Ratio Decidendi

Core Terms Beta
jurisdiction of this court
case of conspiracy
honour judge atta-fynn
eastern circuit
alhaji abdul alias joseph barhin
deposition of the witness
circuit court
provisions of section
said criminal code
discretion take
criminal code
learned circuit court judge
circuit court issue
district magistrate
assistant registrar of the circuit court
charge sheet
general area
name of the appellant
circumstances of the case
lord davey
following terms
evidence of alhaji abdul
whole of such acts
honour judge sampson
evidence
common purpose
case of a trial
examination of a witness
sections
criminal procedure code
relevant facts
abdul alias joseph barhin
said alhaji abdul
chambers shorter english dictionary
opinion of the court
absence of corroboration
use of the word
relevant provisions of the criminal procedure code
years’ imprisonment
purpose exercise
sum of money
state housing corporation
sufficient notice
attendance of such witness
said section
high court
record of proceedings
armed policeman
issue of a commission

TAYLOR J.

This is a case of conspiracy to commit robbery contrary to sections 23 (1) and 149 of the Criminal Code, 1960 (Act 29), and dishonestly receiving contrary to section 146 of the said Criminal Code, 1960 (Act 29). The particulars of these offences spelt out in the two counts in the charge sheet are respectively as follows:

“Count 1 Martey Commodore, alias James Kayaa: Painter—On or about the 30 of April 1971 at Accra in the Eastern Circuit and within the jurisdiction of this court, did agree together with a common purpose with Alhaji Abdul alias Joseph Barhin, Imoru Kano and others unknwon to commit crime, namely, robbery.
Count 2 Martey Commodore alias James Kayaa: Painter— On or about 30 April 1971 at Accra in the Eastern Circuit and within the jurisdiction of this court, did dishonestly receive N¢1,000.00 which you knew to have been appropriated by crime, to wit robbery.”

The relevant facts led in evidence are devoid of any complexity and are that on 30 April 1971, the State H…

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