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…

EMMANUEL AGYARE V. THE REPUBLIC

JUDGMENT

EMMANUEL AGYARE
V.
THE REPUBLIC