Ratio DecidendiRatio Decidendi



TETTEH SAMADZI
V.
THE REPUBLIC

(2017) JELR 65779 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J3/1/2016 ·  6 Apr 2017 ·  Ghana
CORAM
DOTSE JSC (PRESIDING ) YEBOAH JSC, GBADEGBE JSC, BENIN JSC,PWAMANG JSC

Ratio Decidendi

Core Terms Beta
appellant
appeal
accused persons
court of appeal
high court
reasonable doubt
trial court
learned trial judge
set aside
trial judge
fair trial
lower courts
second appellate court
statement of case
accused person
black trousers
black vw saloon car
fundamental human rights
pokuase police station
virtue of article
above fundamental human right
adequate consideration of his defence
apartment house
arrest of appellant
case of achoro v akanfella
chief state attorney
considered opinion of the court
court of first instance
criminal appeal no. j3/1/2015
cross examination pw1
decision of the court of appeal
final court
findings of the trial judge
following morning
following question
husband pw2
identification of appellant
kamil v republic
lack of evidence
lengthy trial
number of such witnesses
principle of law
respective cases of the prosecution
respect of the defence of alibi
said findings of fact
statement of case appellant
supreme court case of john bounah
surrounding circumstances of the case
time of the attack
trial court’s judgement

PWAMANG, JSC:-

The conviction complained about in this appeal was in respect of two robberies at Pokuase and Ayawaso, a suburb of Pokuase, at dawn of 6th March, 2009. After a lengthy trial in which the prosecution called five witnesses and all four accused persons testified and appellant herein called five witnesses, the trial High Court, Accra on 5th December, 2013 wrote a one and half-paged judgment convicting the appellant, A2 and A4 and sentencing them to 15 years with Hard Labour. A3 was acquitted and discharged for lack of evidence. The ground for the convictions was that the accused persons were identified by the victims of the robberies and that the identifications could not be controverted. In his brief judgment the trial judge did not review the evidence led at the trial but only narrated the facts as presented by the prosecution when the accused persons were arraigned before him. Upon an appeal the Court of Appeal in its judgment dated 18th June, 2015 stated, and rightly so …

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