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THE REPUBLIC V. STEPHEN EISE & ANOTHER

(2019) JELR 65598 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H2/9/2015  •  4 Apr 2019  •  Ghana

Coram
P.K. GYAESAYOR JA (PRESIDING), A. LOVELACE-JOHNSON JA, N. C. A. AGBEVOR JA

Appearances
CHARLES BAMIDUAH FOR THE APPELLANTS,ELIZABETH SACKEYFIO FOR THE RESPONDENT

Judgement

JUDGMENT

AGBEVOR, J.A.

This appeal is from the conviction of the two appellants by the High Court, Accra on the 18 day of September 2008 for Robbery Contrary to Section 149 of Act 29, 1960.

The trial court found both accused persons guilty after a trial, convicted each of the accused and sentenced them to a term of 45 years Imprisonment with Hard Labour each.

Dissatisfied with their conviction and sentence they have lodged the instant appeal to this court on the grounds that:-

a) The High Court erred when it relied on the evidence of the complainant to convict the appellants even though the complainant failed to appear for cross examination by Counsel for the Appellants despite the court order recalling him thereby occasioning gross miscarriage of justice.

b) That the High Court erred when it ruled that the appellants had been sufficiently identified by the complainant thereby occasioning gross miscarriage of justice.

c) That the trial judge erred when he ruled that the prosecution had prove…

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