Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FRANCIS KODJO FIEBOR
V.
THE REPUBLIC

(2011) JELR 63755 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO. H2/21/2010 ·  10 Nov 2011 ·  Ghana
CORAM
S. E. KANYOKE JA (PRESIDING), FRANCIS KUSI APPIAH (JA), DENNIS D. ADJEI (JA)

Ratio Decidendi

Core Terms Beta
appellant
conviction
section
appeal
court
evidence
accused persons
case
miscarriage of justice
life imprisonment
trial judge
set aside
appellate court
persons
reasonable doubt
offence of robbery
wrong decision
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criminal code act
trial high court
weight of evidence
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attorney general
close of the case
complainant mawuli aleke
considered opinion
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criminal procedure code
dennis d. adjei
evidence act nrcd
evidence of the sum up
following notes
grounds of appeal
historical antecedents of the case
inability of the court
mawuli aleke of his motor bike
particulars of offence
petition of appeal
prima facie case
requirements of the provision of section
travesty of justice
trial high court judge
tries of facts
year jail sentence

DENNIS D. ADJEI, JA

The appellant was granted leave by this Court on 23rd November, 2009 to appeal against both conviction and sentence imposed on him by the High Court, Ho on 16th April, 2002. The petition of appeal was filed by the Appellant on 2nd December, 2009.

The historical antecedents of the case are that the Appellant and one Noble Agbleke @ Crazy were charged with the offence of robbery contrary to Section 149 of the Criminal Code Act 29/60 as amended by NLCD 398 paragraph 8. The particulars of offence were that on 30th November 1998 at Akanu near Dzodze in the Volta Region, the appellant and one Noble Agbleke acted together and robbed Mawuli Aleke of his motor bike with Registration No. TG-E 5649 valued at GH¢100.00 and a carpet valued GH¢14.00 at gun point. On 6th December, 2001 the Community Tribunal, Ho, committed the two accused persons to stand trial at the High Court, Ho. The accused persons pleaded “not guilty” to the offence of robbery at the High Court, Ho. On 21st M…

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