YAOKUMAH
V.
THE REPUBLIC

(1976) JELR 65664 (CA)    
Court of Appeal  ·  29 Mar 1976 ·  Ghana
CORAM
AMISSAH J.A,ARCHER J.A,HAYFRON-BENJAMIN J.A.
Core Terms Beta
goods
appellant
penalty
brigadier mensah brown
duty
judge advocate
behalf of the appellant
ingredient of intent
payment of duty
superior officer
vehicle of the armed forces
amissah j.a.
appellant’s instructions
argument of counsel
brand names
cases of beefeater gin
cases of campari
cases of rothmans
chief of defence staff
confirming officer
difficult problems
dutiable goods
duty of the prosecution
essential ingredient of the offence
eventual result
evidence points
first point
former chief of defence staff
general court martial
ghana-togo border
group of border guards officers
judge advocate’s failure
legal order
military driver
own behalf
own conduct of the case
payment of this penalty
personal effects
republic of any duty
republic of ghana of customs duty
respect of the smuggling charge
second opportunity
second point
semblance of lawfulness
subject-matter of the charge
torve barrier
trial judge
value of the uncustomed goods
witness of the tribunal
years’ imprisonment

AMISSAH J.A.: Major Yaokumah was convicted by a General Court Martial of smuggling, absenting himself without leave and using a vehicle of the Armed Forces for an unauthorised purpose. He was sentenced by the court to eight years’ imprisonment with hard labour. The confirming officer, the Chief of Defence Staff, reduced the sentence to five years imprisonment. Major Yaokumah has appeal to this court against his conviction on a large number of grounds, some drafted by himself, others drafted by his counsel. Only three points, however, emerged from the profusion of grounds filed in the argument of counsel on the appeal. Before coming to them a look at the fact should be helpful.

On 12 December 1974, the appellant requisitioned a three ton vehicle from a transport unit in the Army. It was about 1 p.m. He said he needed the vehicle to collect his personal effects from within Accra town. Having been provided with the vehicle and a military driver, he instructed the driver to drive to the Ac…

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