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OWUSU BANAHENE V. THE REPUBLIC

(2019) JELR 66486 (SC)

Supreme Court  •  CRIMINAL APPEAL NO. J3/02/2019  •  3 Jul 2019  •  Ghana

Coram
ADINYIRA (MRS) JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, BAFFOE-BONNIE JSC, PWAMANG JSC

Judgement

ADINYIRA (MRS.), JSC:-

The appellant, Owusu Banahene alongside with two other accused persons was convicted on two counts of conspiracy to steal and stealing building materials to the tune of GH¢ 2, 050,000.00 from Iron Birds Company , a company of his own uncle. On, 11 February 2011, he was convicted and sentenced to 20 years IHL and the other two accused persons were sentenced to terms of 10 and 15 years respectively. The trial Judge also made a restitution order for the appellant to restore to the complainant all properties and items acquired as proceeds of the dishonest appropriation.

An appeal to the Court of Appeal having failed, the appellant has appealed against this judgment dated 25 June 2013 on two grounds that the judgment was against the weight of evidence and the sentence harsh and excessive.

Ground One: Judgment is against the weight of evidence

We have given serious consideration to this ground of appeal and evaluated the evidence and have come to the conclusion that there…

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