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REPUBLIC V. YEBOAH

(1974) JELR 69915 (HC)

High Court  •  2 Dec 1974  •  Ghana

Coram
OSEI-HWERE J.

Appearances
ADJEI-MENSAH FOR THE ACCUSED; ROBERT KYEI ASSISTANT STATE ATTORNEY FOR THE REPUBLIC.

Judgement

OSEI-HWERE J.

In his practice direction on a submission of no case reported in [1962] 1 All E.R. 448 Lord Parker C.J. said:

“A submission that is here is no case to answer may property be made and upheld:
(a) when there has been no evidence to prove an essential element in the alleged offence;
(b) when the evidence adduced by the prosecution has been so discredited as a result of cross-examination or is so manifestly unreliable that no reasonable tribunal could safely convict on it. Apart from these two situations a tribunal should not in general be called on to reach a decision as to conviction or acquittal until the whole of the evidence which either side wishes to tender has been placed before it. If, however, a submission is made that there is no case to answer, the decision should depend not so much on whether the adjudicating tribunal (if compelled to do so) would at that stage convict or acquit but on whether the evidence is such that a reasonable tribunal might convict. If a r…

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