THE REPUBLIC
V.
JAMES ARTHUR

(2011) JELR 65440 (CA)

Court of Appeal · CRIMINAL APPEAL NO. H2/4/2010 · 28 Jan 2011 · Ghana

CORAM

MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.

Ratio Decidendi

Core Terms ^Beta

respondent

evidence

prosecution

reasonable doubt

counsel

trial court

trial judge

confession statement

learned trial judge

doubts

guilt of the respondent

accused person

exhibit c

actual value of the damage

grounds of appeal

investigation caution statement

part of the building

swampy area

unlawful damage

acquittal of the accused person

additional grounds

caution statement

caution statement of the respondent

civil court

close of the case

criminal appeal

criminal appeals

criminal offences act

earlier confession

end of the trial

evidence act

facts of the case

f.g. korbieh

first ground of appeal

francis g. korbieh

investigation of crimes

judgment of the high court

judgment part

main reason

natural reserve

offence afore

place of the children

prima facie case

probable explanation

second ground of appeal

sets of statements

sufficient evidence

supreme court

sworn testimony

trial court ought

F.G. KORBIEH, J.A.

The appellant herein is the Republic. It has appealed against the judgment of the High Court, Kumasi presided over by K.A.Pobih, J who had acquittd and discharged the respondent from the charge of causing unlawful damage to a partially completed building on plot no. 32, Block F, Ampeyoo. The facts of the case, as presented by the prosecution to the trial court may be summarized as follows: there was a dispute between the complainant, one Joseph Oppong, and the respondent over the ownership of a parcel of land on part of which the respondent had planted some oil palm trees. After the respondent refused to remove his palm trees from the land, the complainant felled twenty of the trees and proceeded to build a six-bedroom house on the land. The building was worth one hundred and fifty million (old) cedis. He later went back to Australia from where he had come. On the 8/9/2002, the complainant returned from Australia to roof the house only to see it had been demolished. …

THE REPUBLIC V. JAMES ARTHUR

THE REPUBLIC
V.
JAMES ARTHUR