Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



EMMANUEL AGYARE
V.
THE REPUBLIC

(2021) JELR 108971 (CA)    
Court of Appeal  ·  H2/12/2019 ·  27 May 2021 ·  Ghana
CORAM
ANGELINA M. DOMAKYAAREH (MRS.) JA. (PRESIDING), A. B. POKU ACHEAMPONG JA, SAMUEL K.A. ASIEDU JA.

Ratio Decidendi

Core Terms Beta
appellant
court
appeal
republic
learned trial judge
trial judge
criminal offences act
notice of appeal
additional grounds of appeal
grounds of appeal
mitigation of sentence
years imprisonment
behalf of the appellant
behalf of the republic
prison term
supreme court rules
26th day of may
accused persons
behalf of the appellant whiles
charge of conspiracy
civil case
conviction of the accused person
counts of offences
criminal cases
duty of an appellate court
first additional ground of appeal
first additional grounds of appeal
important factors
judgment of the high court
judgment of the trial judge
leave of the court
length of time
nature of the offence
number of years
part of the record of appeal
receipt of the record of appeal
relevance of such missing record
residence of a young girl
second accused person
trial proceedings
use of an offensive weapon
weight of evidence

JUDGMENT

ASIEDU, JA.

My lords, this is an appeal against the judgment of the High Court, Kumasi delivered on  the 26th day of May 2009. The appellant in this matter was charged together with one  David Aweh, on the 13th day of August 2009 with four counts of offences, that is:  Conspiracy to commit crime, to wit: Robbery, contrary to sections 23(1) and 149 of the  Criminal Offences Act, 1960, Act 29; Robbery, contrary to section 149 of the Criminal  Offences Act, 1960, Act 29; Conspiracy to commit crime, to wit: Defilement contrary to  section 23(1) and 101 of the Criminal Offences Act, 1960, Act 29 and Defilement, contrary  to section 101 of the Criminal Offences Act, 1960, Act 29. After the trial, the learned High  Court Judge found the appellant not guilty on the charge of conspiracy to commit robbery  and therefore acquitted and discharged the appellant on that count. The appellant was  however found guilty on the other charges levelled against him. He was therefore  convicted by t…

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