Fuseini Vrs Republic [2018] GHASC 35 (6 June 2018)

Fuseini Vrs Republic [2018] GHASC 35 (6 June 2018)

The prosecution discharged its burden of proof beyond reasonable doubt; the identification of the appellant was credible; the sentence imposed was justified and not excessive given the violent nature of the crime and statutory minimums.

Citation
[2018] GHASC 35
Parties
3rd Accused/appellant/appellant: Abdulai Fuseini; Respondent/respondent/respondent: The Republic
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
6 June 2018
Procedural Posture
Criminal Appeal / Supreme Court Judgment
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Robbery, Conspiracy, Burden of Proof, Identification Parade, Sentencing
Source Language
English
Criminal Law Robbery Conspiracy Burden of Proof Identification Parade Sentencing

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Parties

Abdulai Fuseini

3rd Accused/appellant/appellant

The Republic

Respondent/respondent/respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the conviction of the appellant was against the weight of evidence
  2. 2 Whether the sentence imposed was harsh and excessive
  3. 3 Whether the identification of the appellant was proper

Ratio Decidendi

The prosecution discharged its burden of proof beyond reasonable doubt; the identification of the appellant was credible; the sentence imposed was justified and not excessive given the violent nature of the crime and statutory minimums.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.

Orders

  • Appeal against conviction dismissed
  • Appeal against sentence dismissed