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MOHAMMED KAMARA V. THE REPUPLIC

(2012) JELR 68264 (CA)

Court of Appeal  •  CRIMINAL APPEAL NO: H2/24/2012  •  13 Mar 2012  •  Ghana

Coram
KANYOKE J.A (PRESIDING), GYAESAYOR J.A, SOWAH (MRS) J.A

Judgement

JUDGMENT

SOWAH, J.A.

The appellant, who is a Sierra Leonian resident in Ghana, was charged with others at large with Robbery contrary to section 149 of the Criminal Code 1960, Act 29 as amended by Act 646. He was said to have robbed one Muntari Adamu of cash sum of GH¢8,000.00 at gunpoint at his residence at Race Course in Accra on 4th September 2008. After trial, he was convicted of the offence and sentenced to 15 years IHL, and to be deported after serving his sentence in a judgment dated 13th October 2011.

The appellant promptly filed a Notice of appeal against conviction on 4th November 2011. The stated ground of appeal was:

1. That the identification that he was taken as the criminal because he had open teeth was wrong in law.

On 30th May 2012, he filed the following additional grounds of appeal:

1. That there was gross miscarriage of justice when the trial judge, instead of following normal procedure in adjudicating, decided to hear the evidence of the appellant before hearing the cas…

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