Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1973) JELR 69805 (HC)    
High Court  ·  20 Nov 1973 ·  Ghana
Other Citations
[1974] 1 GLR 206

Ratio Decidendi

Core Terms Beta
learned circuit judge
further evidence
alleged statement
learned trial judge
close of the case
trial judge
criminal trial
grounds of appeal
learned judge
learned state attorney
mere fact
accused denies authorship of the statement
accused person
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admissibility of the alleged statement
andoh j.
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conviction of the appellant
counsel’s objection
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defence counsel
determination of the issue
discretion of the court
first defence witness
following grounds
following offence
further witness
ho circuit court
judgment of the learned circuit judge
jurisdiction of this court
mr. agbettoh counsel
mr. nutsugah objects
particular case
particular point
particulars of offence
proper procedure
statement of offence
support of their case


This is a criminal appeal from the judgment of his honour Judge E.T.A. Torto sitting at Ho Circuit Court wherein upon trial and conviction of the appellant herein on 15 August 1973 for the crime of smuggling, the learned judge sentenced the appellant to five years’ imprisonment with hard labour. It is against this conviction that the appellant appeals to this court and even though four grounds of appeal were filed, Mr. Agbettoh counsel for the appellant in arguing this appeal has confined himself to only two grounds, namely: (1) that the learned trial judge erred in law when he admitted the appellant’s statement without first investigating whether he made it or not and (2) that the learned trial judge erred in law when he allowed further evidence to be led by the prosecution at the close of the case for the defence. Before considering the merits in this appeal, I would state concisely the facts leading to the arrest, prosecution and subsequent conviction of the appellant in t…

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