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SEY V. THE REPUBLIC

(1996) JELR 69480 (CA)

Court of Appeal  •  14 Feb 1996  •  Ghana

Coram
WOOD JA, BROBBEY JA, ESSILFIE-BONDZIE JA

Judgement

WOOD JA.: A quantity of gas oil which was supplied to the Ghana Railway Corporation, Kumasi on 2 March 1989, was found to be short by 1,340 imperial gallons. Six persons, who were all employees of the corporation were, in connection with this matter, arraigned before the Ashanti Regional Public Tribunal on a charge of “doing an act with intent to sabotage the economy of Ghana” contrary to section 9(1)(f) of the Public Tribunals Law, 1984 (PNDCL 78). The act complained of.

After the trial, five of them were found guilty and convicted. The sixth accused, the appellant in these proceedings, being aggrieved by his conviction and sentence, has appealed to this court on five grounds. One of them, though improperly formulated, is a most common ground of appeal. It is ground (a) of the original grounds of appeal and reads as follows: “(a) That the conviction is against the weight of evidence.”

The more acceptable formulation in criminal appeals is “The conviction cannot be supported having rega…

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