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



DANIEL BOATENG
V.
THE REPUBLIC

(2017) JELR 69932 (HC)    
High Court  ·  CASE NO. D15/39/15 ·  29 May 2017 ·  Ghana
CORAM
SGD FRANCIS OBIRI

Ratio Decidendi

Core Terms Beta
appellant
republic
court
evidence
case
reasonable doubt
accused person
trial judge
prima facie case
chinese nationals
cross examination
trial court
grams of gold
supreme court
appellant counsel
accused fails
appellate court
chinese national
ampah v
appellant grounds of appeal
cardinal principle
circuit court
close of the prosecution
confiscation order
criminal trial
custody of the court
entire evidence
following reasons
following words
house number
last prosecution witness
learned trial judge
lord chancellor
lord wright
orders of the trial court
osei kwadwo ii v
pw1 evidence
reasonable probability
regional c.i.d kumasi
respect of section
said office
said policeman
standard of proof

OBIRI, J.

On 17th November, 2014, the appellant was convicted by the Circuit Court, Kumasi for stealing contrary to section 124(1) of Act 29 as amended by paragraph 4 of NLCD 398/60. He was sentenced to 10 years IHL. The court also ordered the confiscation of his Ford Transit Bus, GH¢12,000.00 which was then in the custody of the Court and House Number 30, 27 Street Atwima Koforidua to the complainant.

The appellant was aggrieved by the judgment and therefore appealed against his conviction and sentence to this court after leave to appeal out of time has been granted to him by this court on 4th March 2015.

The appellant grounds of appeal are:

(1) The conviction cannot be supported having regard to the evidence on record.
(2) The learned trial judge erred when he called upon the appellant to open his defence as no case had been made against him at the close of the prosecution’s case.
(3) The sentence of ten years was excessively harsh.

The appellant counsel did not ask for any relief in his p…

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