judy.legal
Login Register

BENJAMIN DANKWAH AND AKWASI PREMPEH V. THE REPUBLIC

(2017) JELR 67325 (CA)

Court of Appeal  •  SUIT NO: H2/06/2017  •  23 Oct 2017  •  Ghana

Coram
AYEBI J.A. (PRESIDING), TORKORNOO (MRS) J. A., DOMAKYAAREH (MRS) J. A.

Judgement

JUDGMENT

TORKORNOO (MRS), J.A.

The record of this case covers all of two pages. The notice of appeal adds another two pages to the record of appeal. The lack of substance in how the case was conducted is the point that binds both parties to the appeal in their position that the appeal should be allowed. While Appellant counsel submits on one hand that the court should set aside the entire conviction on account of it being a nullity, Respondent counsel argues that failure by the Judge to follow the full procedure required by statute after taking the plea occasioned substantial miscarriage of justice. It did not lead to a nullity.

The Appellant was a driver’s mate. He was charged on two counts of armed robbery with one Benjamin Dankwah, a driver. The statement and particulars of offence were that on 23rd February 2007, they agreed with a common purpose to rob a taxi cab contrary to Section 23(1) and Section 149 of Act 29 of 1960. The cab belonged to one Kwabena Takyi and the incident occur…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login