SEY
V.
THE REPUBLIC

(1996) JELR 69480 (CA)    
Court of Appeal  ·  14 Feb 1996 ·  Ghana
 · 
Other Citations
[1995-96] 1 GLR 60
CORAM
WOOD JA, BROBBEY JA, ESSILFIE-BONDZIE JA
Core Terms Beta
evidence
sixth accused
prosecution
case
delivery of the oil
trial tribunal
accused persons
reasonable doubt
discharge of the oil
fourth accused
fifth accused
witnesses
accused person
close of the prosecution
cross-examination
appellate court
ashanti regional public tribunal
commissioner of police v
ghana railway corporation
none of the prosecution witnesses
public tribunals law
supreme court
assistant locomotive superintendent sign
common ground of appeal
conviction of the others
counsel’s contention
criminal appeals
evidence of the first prosecution witness
facts of this case
good reason
important question of fact
ingredients of the offence
learned state attorney
none of the accused persons
oath of the first prosecution witness
oath of the prosecution witness
opening paragraphs of their judgment
own witness
part present
point of discharge
prima facie case
quantity of gas oil
sound principle of law
statement of the appellant
support of grounds
trial judge
uncorroborated evidence of an accomplice
untruthful witness
weight of evidence
wrong finding of fact

WOOD JA.: A quantity of gas oil which was supplied to the Ghana Railway Corporation, Kumasi on 2 March 1989, was found to be short by 1,340 imperial gallons. Six persons, who were all employees of the corporation were, in connection with this matter, arraigned before the Ashanti Regional Public Tribunal on a charge of “doing an act with intent to sabotage the economy of Ghana” contrary to section 9(1)(f) of the Public Tribunals Law, 1984 (PNDCL 78). The act complained of.

After the trial, five of them were found guilty and convicted. The sixth accused, the appellant in these proceedings, being aggrieved by his conviction and sentence, has appealed to this court on five grounds. One of them, though improperly formulated, is a most common ground of appeal. It is ground (a) of the original grounds of appeal and reads as follows: “(a) That the conviction is against the weight of evidence.”

The more acceptable formulation in criminal appeals is “The conviction cannot be supported having rega…

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