Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MOHAMMED SALO
V.
THE REPUBLIC

(2021) JELR 108988 (CA)    
Court of Appeal  ·  H2/01/2019 ·  17 Jun 2021 ·  Ghana
CORAM
CECILIA H. SOWAH JA (PRESIDING), ANTHONY OPPONG JA, ANGELINA MENSAH-HOMIAH JA

Ratio Decidendi

Core Terms Beta
appellant
reasonable doubt
police
evidence
accused persons
identification parade
scene of the crime
appellant holding gun
learned trial judge
record of appeal
trial
criminal offence
poor investigation
sefwi boako
view
accused person
armed men
aspects of the appellants story
careful consideration
circumstances of the case
claim of pw2
considered view
conviction of the appellant
counts of robbery
criminal case
defence of alibi
due weight
duty of the prosecution
evidence of the prosecution witness ought
group of persons
guilt of the accused
high court
inescapable conclusion
justice anthony oppong
justice cecilia h. sowah
offences of conspiracy
pieces of evidence
police officers
police station
present case
robbery contrary
such virtual darkness
sufficient evidence
third accused
trial court
trial high court
victims of the offence

JUDGMENT

ANTHONY OPPONG, JA

The appellant with five others were arraigned before the High Court, Sekondi, with the offences of conspiracy to commit crime to wit, robbery contrary to sections 23(1) and 149 of Act 29/60 as amended by Act 646 and 12 counts of robbery contrary to section 149 of Act 29/60 as amended by Act 646.

The appellant pleaded not guilty to all the charges against him. However, after the trial, the trial High Court in a judgment dated 6th November, 2017 found at pages 302 to 360 of the record of appeal convicted him and sentenced him accordingly.

The appellant filed notice of appeal pursuant to leave of this court dated 23rd July 2019 found at page 423 of the record of appeal.

Before going into the merits or the demerits of the appeal we may look at the facts. 

On the 15th November, 2011, at about 4.30 a.m., a group of persons armed with guns and cutlasses blocked the motor road between Sefwi Boako and Sefwi Fawoman with logs and blocks and attacked traders who were trav…

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