SIMON MENSAH AND YAW ACHEAMPONG
V.
THE REPUBLIC

(2010) JELR 69631 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO. H2/2/2010 ·  18 Nov 2010 ·  Ghana
CORAM
KUSI-APPIAH J.A. (PRESIDING), KORBIEH. J.A., HONYENUGA J.A
Core Terms Beta
pw2
appellants
conflicts
trial judge
witness
cross-examination
court of appeal
nana yaw
particular point
trial
trial court
witness box
accused persons
agreed fact
apprentice carpenter
case of r.t. briscoe
civil cases
clear waste of time
concrete blocks
credibility of the witnesses
credibility of witnesses
criminal cases
evidence of pw2
eye-witness account
fast track high court
first witness
heavy weather of the identity of the appellants
identity of the appellant
instant appeal
inter alia
judgment of the high court
kusi-appiah
mallam ali yusif issah
mallam issah
matters of fact
matters of minor details
next witness
nick name of the second appellant
objects of pleadings
observation of the trial judge
opinion of the trial court
particular fact
privilege of a preview of the learned decision
proof of a case
reasonable doubt
root of the matter
second witness
such matters
taylor j.s.c.
volta aluminium co. ltd.

KUSI-APPIAH, J.A.:

I have had the privilege of a preview of the learned decision rendered by my able brother Honyenuga, J.A. I agree with him that the appeal be dismissed. I however have a few issues to highlight. The defence has sought to make a heavy weather of the identity of the appellants to the effect that the prosecution could not prove the identity of the appellant beyond reasonable doubt as required by law. Counsel for the appellants buttressed his contention by referring to the evidence of PW2 and PW3 and said there were conflicts in their evidence on the issue of wearing of masks by the appellant. What counsel referred to as conflicts really are not conflicts at all. What he pointed out in their evidence was no more than that whereas one witness testified on a particular fact the other did not.

It must be pointed out that in giving evidence, the parties talk only of major events they saw. Matters of minor details are spoken of by the witness depending on their personal dispos…

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