Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FYNN AND ANOTHER
V.
THE REPUBLIC

(1971) JELR 65375 (HC)    
High Court  ·  27 Sep 1971 ·  Ghana
 · 
Other Citations
[1971] 2 GLR 433
CORAM
TAYLOR J.

Ratio Decidendi

Core Terms Beta
bail
appeal
application
court of appeal
high court
grant of bail
trial judge
court of criminal appeal
special circumstances
appellate court
exceptional circumstances
circuit court
supreme court
prospect of success
sarkodee-adoo c.j.
true copy of the judgment
baidoo j.
decision of the court of appeal
district court
exhibit g
first applicant
ghana commercial bank
various sums
view of the lord chief justice
appellant-applicants
appropriate case
careful examination of the reported cases
case of bail
court of competent jurisdiction
criminal code
determination of the appeal
english courts
full bench of the court of appeal
ground of lack of jurisdiction
grounds of humanity
honour judge anterkyi
honour mrs. owusu-addo
jurisdiction of the circuit court
matter of great moment
preliminary guiding principle
prison term
ruling of wiredu j.
said convict
second applicants
sentence of imprisonment
set aside
such courts
taylor j.
times material

TAYLOR J.

This is an application for bail pending appeal. In my opinion it is a matter of great moment and of the utmost importance and calls for very anxious and serious consideration. This is because it involves the proposition that a person who has been found guilty and convicted by a court of competent jurisdiction and whose sentence of imprisonment has not been set aside must nevertheless be let loose on the community instead of his staying in prison to serve a sentence which is prima facie deserved. The matter becomes even more serious where the conviction is not by a grade II district court, manned as such courts are by lay magistrates, but by a judge at the circuit court. In dealing with this matter I must surely not lose sight of the fact that once a convict sentenced to a prison term is encouraged and permitted to be at large the appellate court on grounds of humanity is often in a dilemma and reluctant to send the said convict back to prison. In this connection I recall tha…

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