KWEKU QUAYE
V.
KWEKU QUAYE

(2021) JELR 109027 (SC)    
Supreme Court  ·  J3/08/2020 ·  28 Jul 2021 ·  Ghana
CORAM
APPAU JSC (PRESIDING), OWUSU (MS.) JSC, LOVELACE-JOHNSON (MS.) JSC, AMADU JSC, PROF. MENSA-BONSU (MRS.) JSC
Core Terms Beta
appellant
court of appeal
reasonable doubt
appeal
prima facie case
supreme court
cape coast
high court
instant case
sufficient evidence
statement of case
trial court
years imprisonment
light of the fact
appellate court
grounds of appeal
judgment of the trial court
learned justices of the court of appeal
record of appeal
testimony of pw1
45-year sentence
anglican priest
course of these events
criminal activities
cross examination
end of the trial
eye-witness
honourable court
house help of the priest
inconsistent accounts of the location of his arrest
judgment of the high court
lack of evidence
learned trial justice
mere proof
prima face case
reasonable time
records of the trial court
standard rule
substantive evidence
sufficient reason
took refuge
trial judge
vital records of a trial court

JUDGMENT 


PROF. MENSA-BONSU (MRS.) JSC:- 

This is an appeal against conviction, and in the alternative, against sentence, for a crime  of robbery committed in February 2002. The High Court, Cape Coast, tried and convicted  the appellant on 27th July, 2005 and sentenced the accused to 45 years imprisonment with  hard labour. An appeal to the Court of Appeal some nine years later affirmed the  conviction by the High Court on 24th May, 2016, but reduced the 45-year sentence  imposed to 40 years. 


FACTS 

At about 1 a.m. on 9th February 2002, some intruders invaded the residence in Cape Coast,  of an Anglican Priest, who was also an employee of University of Cape Coast. Their  arrival at the premises was heralded by gunfire and loud noise. They were armed with  guns and cutlasses and numbered about seven or eight. The purpose of their intrusion  was to steal some money that had been given to the priest to purchase a plot of land for  another Anglican Church at Tema. The intruders first went …

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