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HANSON
V.
THE REPUBLIC

(1978) JELR 85759 (CA)

Court of Appeal 24 Apr 1978 Ghana
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- The appellant, a major in the Ghana Armed Forces, was acquitted of behaving in a scandalous manner unbecoming an officer (Armed Forces Act, 1962, s. 32(1)) but convicted by General Court Martial of conduct prejudicial to good order and di

Case Details

Judges:ARCHER, JA, ANIN, JA, ANNAN JA
Counsel:E. N. Moore for the appellant. Major A. Johnson for the respondent.
Location:Accra
Other Citations:[1978] GLR 477- 490

JUDGMENT

Archer, JA

The appellant, a major in the Ghana Armed Forces, was tried by General Court Martial at Tamale on two alternative charges, namely,

(1) That he behaved in a scandalous manner unbecoming of an officer contrary to section 32 (1) of the Armed Forces Act, 1962 (Act 105).

OR

(2) His conduct was to the prejudice of good order and discipline contrary to section 54 (1) of the Armed Forces Act, 1962.

He was acquitted and discharged on the first alternative charge but was found guilty on the second alternative charge. Accordingly, he was convicted and dismissed from the Army.

In this appeal, he has challenged the legality of the finding that led to his conviction and dismissal on the following grounds:

(1) That the learned judge advocate failed to deal adequately with the issue of corroboration.

(2) That the learned judge advocate misdirected himself by non-direction on the question of identification which was crucial.

(3) That the conviction is unreasonable having regard to the evi…

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