Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1974) JELR 69788 (HC)    
High Court  ·  30 Jul 1974 ·  Ghana
Other Citations
[1974] 2 GLR 291

Ratio Decidendi

Core Terms Beta
first appellant
second appellant
bags of rice
third prosecution witness
fourth prosecution witness
first prosecution witness
second prosecution witness
exhibit b
learned magistrate
close of the prosecution
house of the second appellant
criminal procedure code
tamale rice mill committee
appeal of the first appellant
knowledge of the note
lawful authority
present case
accused persons
assistant state attorney
ata-bedu j.
authority of the fourth prosecution witness
bags of paddy rice
case of the first appellant
case of the second appellant
charge of purchase of paddy rice
charge of the agricultural mechanisation
direct evidence
district court grade
essential element of dishonest appropriation
evidence of the fourth prosecution witness
first accused
first appellant’s duty
following grounds
lower price
original ground of appeal
original grounds of appeal
prima facie case
property of the ministry of agriculture
room of the second appellant
ruling of the learned magistrate
second accused
state of mind of the second appellant
store assistant
sufficient evidence
time of the receipt of the property
weight of evidence


The two appellants were charged and tried jointly at the District Court Grade I, Tamale, for stealing 30 bags of paddy rice valued at ¢240.00 the property of the Ministry of Agriculture, Savelugu. On 10 March 1972, the first appellant, (the second accused) was convicted on the charge and sentenced to a term of twelve months’ imprisonment with hard labour while the second appellant (the first accused) was convicted of receiving in accordance with section 156 of the Criminal Procedure Code, 1960 (Act 30), and sentenced to a term of nine months’ imprisonment with hard labour.

Against these convictions the appeals have been brought on the following grounds: In the case of the first appellant the original ground of appeal was that the judgment is against the weight of evidence having regard to all the circumstances. The further ground is that the conviction is wrong in law as the appellant ought not to have been called upon at the close of the prosecution’s case. In the case of t…

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