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IGNATIUS HOWE V. THE REPUBLIC

(2014) JELR 68695 (SC)

Supreme Court  •  CIVIL APPEAL NO. J3/3/2013  •  22 May 2014  •  Ghana

Coram
R.C. OWUSU JSC (MS) (PRESIDING), J.DOTSE JSC, ANIN-YEBOAH JSC, N.S GBADEGBE JSC, J.B. AKAMBA JSC

Judgement

JUDGMENT

AKAMBA, JSC

The Appellant was charged before the High Court, Cape Coast with the offence of Robbery. He was convicted on 21st May 2007 and sentenced to a term of forty-five (45) years imprisonment with hard labour. He appealed to the Court of Appeal against his conviction and sentence. The appellate court on 2nd December 2007 dismissed the appeal. He has appealed to this court on as many as eight grounds. These are:

(I) Their Lordships of the Court of Appeal erred in law in refusing to apply the principle on identification in the case of Karim v. The Republic (2003-2004) 2 SCGLR 812 to the facts of the case.

(II) Their Lordships of the Court of Appeal erred in holding that the identification parade was not flawed.

(III) The judgment and conviction cannot be supported having regard to the evidence on record.

(IV) The Court of Appeal misdirected itself when it speculated that the witnesses were able to identify the accused person ‘maybe the mask fell off his face’ and so occasioned a…

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