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 6^th 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 5^th 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 18^th June, 2015 stated, and rightly so …

TETTEH SAMADZI V. THE REPUBLIC

TETTEH SAMADZI
V.
THE REPUBLIC