[1979]DLHC1060 • July 13, 1979 • High Court
FRIMPONG vs. THE REPUBLIC
In July, fourteen outer tyres belonging to the Omnibus Services Authority went missing from an open yard. The nonappellant was seen selling these tyres in batches to a bookman, who then sold them to others. The nonappellant claimed the appellant gave him the tyres for sale, which the appellant denied. No direct witness implicated the appellant.
read moreJUDGMENT OF TAYLOR J. I have already allowed the appeal of this appellant who was convicted on two counts and sentenced to three years’ imprisonment with hard labour on each count, the sentences to run concurrently. Together with his co-accused, they were convicted of to steal and stealing contrary to sections 23 (1) and 124 conspiracy (1) of the Criminal Code, 1960 (Act 29), respectively. The facts of the case which were led by the prosecution are that during the month of July, fourteen outer tyres, the property of the Omnibus Services Authority, the employers of the appellant and the other person jointly charged with him, got missing from the omnibus yard. The tyres had been kept at an open place accessible to every one In the yard. A witness gave evidence that the other person (the non-appellant) some time in July gave him four of the tyres for sale, he told him that his master had given him the said tyres for sale. The witness, a bookman at the lorry station not far from the p.....