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KWAME NKRUMAH @ TASTE
V.
THE REPUBLIC

(2017) JELR 68820 (SC)

Supreme Court 26 Jul 2017 Ghana
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- The appellant and two others were convicted of conspiracy to rob and robbery. - The appellant appealed his conviction and sentence, but the record of proceedings was incomplete. - The registrar of the trial court was unable to rectify the

Case Details

Suit Number:CIVIL APPEAL NO. J3/6/2016
Judges:ADINYIRA (MRS) JSC (PRESIDING), DOTSE JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC
Counsel:AUGUSTINE OBOUR FOR THE APPELLANT; EVELYN KEELSON CHIEF STATE ATTORNEY FOR THE RESPONDENT.

JUDGEMENT

ADINYIRA (MRS), JSC

Facts and Procedure

My Lords, permit me to start my judgment with this preface on loss or destruction of judicial records:

The first fundamental principle is that an appellant is not entitled to an acquittal on the mere basis of the loss or destruction of the judicial records, notably, trial proceedings.
An allegation that court proceedings are lost or destroyed require investigations into three important areas, the veracity of the claim, the quantum or magnitude of the lost, missing or destroyed record and its relevance to the determination of the appeal in question.

Per Wood CJ in John Bonuah @Eric Blay v. The Republic Criminal Appeal No. J3/1/2015, 9th July, 2015, unreported

On the 5th of June, 2004 at about 1.30 a.m. some armed men attacked the lodgers, at Richland Hotel in Dunkwa-on-Offin with weapons of guns and a cutlass and took away their clothings, mobile phones and various sums of money in dollars and local currency. On a tip off, Kwame Nkrumah @ Tast…

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