MAXWELL KOFI GYASI
V.
THE REPUBLIC

(2013) JELR 68580 (SC)

Supreme Court 8 Apr 2013 Ghana
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- The applicant in this case is seeking leave to adduce fresh evidence on appeal. - The applicant was convicted for robbery by the High Court and sentenced to 21 years. - The applicant argues that he was below 18 years old at the time of hi

Case Details

Suit Number:CIVIL APPEAL NO. J8A/7/2013
Judges:ANIN YEBOAH J.S.C.
Counsel:AUGUSTINE OBOUR (WITH BOTAH) FOR THE APPLICANT; NO APPEARANCE FOR AND ON BEHALF OF THE REPUBLIC.

JUDGMENT

ANIN YEBOAH JSC:

The applicant prays this court for leave to adduce fresh evidence on appeal. The applicant was convicted for robbery by the High Court, Kumasi and sentenced to twenty-one (21) years.

His appeal was before the Court of Appeal Accra, and has now appealed to this Court. The applicant in the supporting affidavit has deposed to the fact that at the time he was arrested and arraigned for trail he was below eighteen years and for that matter could not have been tried and sentenced in the manner which completely meant for adult offenders. The applicant’s counsel in an effort to convince this court that the application has legal basis annexed to the affidavit in support of the application has birth Certificate and Admission Register of his school, Kumasi Modern International School and others.

It must be pointed out that even though this application was served on the Attorney-General’s Office, Accra, no effort was made by the office to put in any representation in a serio…

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