Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



REPUBLIC
V.
YEBOAH

(1974) JELR 69915 (HC)    
High Court  ·  2 Dec 1974 ·  Ghana
 · 
Other Citations
[1974] 1 GLR 268
CORAM
OSEI-HWERE J.

Ratio Decidendi

Core Terms Beta
evidence
case
prosecution
unknown man
jury
reasonable doubt
reasonable tribunal
submission of no case
chase
fourth prosecution witness’s house
law
roman catholic school compound
above practice direction
above principle
accused amounts
alleged offence
cause of his death
c.c.a. lord goddard c.j.
conclusion of the case
course of justice
criminal cases
criminal procedure code
crowd of people
crowd of people chase
dictum of denning j.
direct evidence
essential element
essential ingredients of the offence of murder
fanciful possibilities
following morning
following proposition
fourth prosecution witness
guilty party
house of the second prosecution witness
judges
justices
lead evidence
lord parker c.j.
only person
osei-hwere j.
practice direction
prosecution’s evidence
short distance
side wishes
stage convict
standard of proof
statutory duty
two-fold principles
whole of the evidence
witness

OSEI-HWERE J.

In his practice direction on a submission of no case reported in [1962] 1 All E.R. 448 Lord Parker C.J. said:

“A submission that is here is no case to answer may property be made and upheld:
(a) when there has been no evidence to prove an essential element in the alleged offence;
(b) when the evidence adduced by the prosecution has been so discredited as a result of cross-examination or is so manifestly unreliable that no reasonable tribunal could safely convict on it. Apart from these two situations a tribunal should not in general be called on to reach a decision as to conviction or acquittal until the whole of the evidence which either side wishes to tender has been placed before it. If, however, a submission is made that there is no case to answer, the decision should depend not so much on whether the adjudicating tribunal (if compelled to do so) would at that stage convict or acquit but on whether the evidence is such that a reasonable tribunal might convict. If a r…
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