AFRIYIE AND OTHERS VRS. REPUBLIC (J3/04/2021) [2022] GHASC 115 (9 November 2022)

AFRIYIE AND OTHERS VRS. REPUBLIC (J3/04/2021) [2022] GHASC 115 (9 November 2022)

The deficiencies in the trial judge's summing up did not result in a substantial miscarriage of justice. The prosecution satisfied the standard of proof required, and the evidence established the appellant's guilt beyond reasonable doubt. The appeal fails and the convictions and sentences are affirmed.

Citation
[2022] GHASC 115
Parties
1st Accused/appellant/appellant: Douglas Afriyie; Respondent/respondent/respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
9 November 2022
Case Number
J3/04/2021
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Murder, Conspiracy to Commit Murder, Causing Unlawful Damage, Standard of Proof, Jury Directions, Appeals
Source Language
English
Criminal Law Murder Conspiracy to Commit Murder Causing Unlawful Damage Standard of Proof Jury Directions Appeals

Case Brief

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Parties

Douglas Afriyie

1st Accused/appellant/appellant

The Republic

Respondent/respondent/respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the trial judge failed in his duty to direct the jury on the burden and standard of proof required in criminal trials resulting in a miscarriage of justice
  2. 2 Whether the trial judge failed to explain the ingredients required to prove conspiracy to commit murder and murder
  3. 3 Whether the trial judge failed to address the defences put up by the appellant

Ratio Decidendi

The deficiencies in the trial judge's summing up did not result in a substantial miscarriage of justice. The prosecution satisfied the standard of proof required, and the evidence established the appellant's guilt beyond reasonable doubt. The appeal fails and the convictions and sentences are affirmed.

Court Disposition

Appeal dismissed

Orders

  • Judgment of the Court of Appeal dated 29th June 2012 affirmed
  • Judgment of the High Court dated 24th August 2010 affirmed