Akilu Vrs Republic [2017] GHASC 11 (5 July 2017)

Akilu Vrs Republic [2017] GHASC 11 (5 July 2017)

The trial and appellate courts failed to properly consider the appellant's defence and did not apply the required three-stage test for assessing the accused's explanation. The evidence did not meet the standard of proof beyond reasonable doubt, and mere presence at the scene was insufficient for conviction.

Citation
[2017] GHASC 11
Parties
2nd Accused/appellant/appellant: Faisal Mohammed Akilu; Respondent/respondent/respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
5 July 2017
Procedural Posture
Criminal Appeal / Second Appeal to Supreme Court From Court of Appeal Affirming High Court Conviction
Outcome
Appeal allowed; conviction and sentence quashed.
Legal Topics
Conspiracy, Attempted Robbery, Standard of Proof, Assessment of Evidence
Source Language
English
Criminal Law Conspiracy Attempted Robbery Standard of Proof Assessment of Evidence

Case Brief

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Parties

Faisal Mohammed Akilu

2nd Accused/appellant/appellant

The Republic

Respondent/respondent/respondent

Procedural Posture

Criminal Appeal / Second Appeal to Supreme Court From Court of Appeal Affirming High Court Conviction

Legal Issues

  1. 1 Whether the trial and appellate courts properly considered the defence of the appellant before convicting him of conspiracy and attempted robbery
  2. 2 Whether the evidence met the standard of proof beyond reasonable doubt

Ratio Decidendi

The trial and appellate courts failed to properly consider the appellant's defence and did not apply the required three-stage test for assessing the accused's explanation. The evidence did not meet the standard of proof beyond reasonable doubt, and mere presence at the scene was insufficient for conviction.

Court Disposition

Appeal allowed; conviction and sentence quashed.

Orders

  • Conviction and sentence of the appellant on conspiracy to rob and attempted robbery are quashed.