Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FRANCIS ARTHUR
V.
THE REPUBLIC

(2019) JELR 63749 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO.: H2/09/2018 ·  21 Feb 2019 ·  Ghana
CORAM
F. KUSI-APPIAH JA (PRESIDING), B. ACKAH-YENSU (MS.) JA, M. M. AGYEMANG (MRS.) JA

Ratio Decidendi

Core Terms Beta
appellant
evidence
learned trial judge
confession statement
evidence of pw1
independent witness
cross-examination
own purposes
criminal offences act
exhibits bb
absence of a bank statement of the account
forgery of document
weight of the evidence
altered documents
audit of the records of the alleged transaction
consideration of the matters
high court
judgment of the court
learned judge
appellant admitted wrongdoing
appellant’s cautioned statement
bank’s headquarters
bank’s money
caution statement of the appellant
crimes of stealing
essential part
facts of this case
following grounds
frimpong alias iboman v
full trial
investigation department of the bank
investigative team
learned trial judge err
member of the said team
personal use
prosecution witness’ testimony
reason of his employment
said branch
said transaction
second cautioned statement exhibit cc
source documents c
statement offence
sufficient evidence
sufficient evidence of his admission of the offence
takoradi main harbour branch of the bank
use of his friend
withdrawal of the sum of ghc1,342,000

JUDGMENT

AGYEMANG (MRS.), JA

On 17th November 2017, the appellant herein, arraigned before the High Court, Accra, was convicted of the crimes of Stealing and Forgery of Document. He was sentenced to ten (10) years imprisonment with hard labour on the count of Stealing, contrary to S. 124(1) of the Criminal Offences Act. 1960, Act 29; and two (2) years imprisonment with hard labour on the count of Forgery of Document, contrary to S. 159 of the same Act (the court amended the statement offence which had charged the appellant under S. 158 of the Act). The sentences were made to run concurrently. The appellant, dissatisfied with the judgment of the court below, has appealed against his conviction on both counts, and also against the concurrent sentence of ten years imprisonment with hard labour. In this appeal, the appellant seeks a setting aside of same and in their place, an acquittal from the crimes charged.

In summary, the facts of this case upon which the appellant was charged and arrai…

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