COMMISSIONER OF POLICE V. DIMBIE

VAN LARE AG. C.J.: This is an appeal from the decision of Smith J. dismissing an appeal against conviction by the District Magistrate, sitting at Tamale, for the offences of conspiracy and stealing. The appellant was charged and convicted, together with another person who has not appealed, and with him we are not concerned.

There were three charges of conspiracy, and three charges of stealing. Apart from the evidence that both men together stole the sum specified in each of the three counts of stealing on three different dates there was no specific evidence to establish that there was any anterior conspiracy to commit the offence of stealing. Conspiracy to commit a criminal offence is by itself a criminal offence, whether the offence contemplated is or is not committed. It follows, therefore, that where there is a specific charge of conspiracy, that is to say in addition to the offence itself, there must be some evidence directed and confined to the facts which constitute or are concer…