MOHAMMED KAMARA
V.
THE REPUBLIC

(2014) JELR 69565 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO.H2/24/2012 ·  13 Mar 2014 ·  Ghana
CORAM
KANYOKE J.A (PRESIDING) ,GYAESAYOR J.A ,SOWAH (MRS) J.A
Core Terms Beta
appellant
court
defence
trial
trial judge
prosecution witnesses
learned trial judge
trial court
accused person
record of proceedings
support of the charge
attendance of witnesses
first round of evidence
police investigator
potential witnesses
trial of the appellant
above shortcomings
additional grounds of appeal
anomaly of an accused person
attendance of his witnesses
best option
case of the prosecution
certified copy
conduct of the court proceedings
court’s order
criminal code
cross-examination of pw1
defence of the accused person
evidence of the appellant
evidence of the prosecution
fair treatment
fair trial
following facts
fundamental principle
gross miscarriage of justice
high court
important evidence
muntari adamu of cash sum of gh
normal procedure
notice of appeal
person of the appellant
principle of fair trial date
procedural irregularity
record of court proceedings
spite of the fact
state attorney
stated ground of appeal
swapping of pw2

SOWAH, J.A.

The appellant, who is a Sierra Leonian resident in Ghana, was charged with others at large with Robbery contrary to section 149 of the Criminal Code 1960, Act 29 as amended by Act 646. He was said to have robbed one Muntari Adamu of cash sum of GH¢8,000.00 at gunpoint at his residence at Race Course in Accra on 4th September 2008. After trial, he was convicted of the offence and sentenced to 15 years IHL, and to be deported after serving his sentence in a judgment dated 13th October 2011.

The appellant promptly filed a Notice of appeal against conviction on 4th November 2011. The stated ground of appeal was:

1. That the identification that he was taken as the criminal because he had open teeth was wrong in law.

On 30th May 2012, he filed the following additional grounds of appeal:

1. That there was gross miscarriage of justice when the trial judge, instead of following normal procedure in adjudicating, decided to hear the evidence of the appellant before hearing the case of the…

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