[2007]DLHC7382September 17, 2007High Court

AKONSI SULEMANA AND IMORO ALHASSAN vs. THE REPUBLIC

This is an appeal against the conviction and sentence of the appellants by the Circuit Court Tamale, on 8th May 2007, to a term of 30 and 50 penalty units respectively on charges of conspiracy to commit crime and causing unlawful damage contrary to Sections 23 (1) and 172 (1) (b) the Criminal Offences Act 1960 (ACT 29). The Court convicted both appellants on the conspiracy charge but acquitted the second appellants of the charge of causing unlawful damage. The grounds of appeal appearing in the notice of appeal filed on 9th May 2007 are: "1. The judgment is against the weight of the evidence. 2. Having found that the appellants owned the land on which the damage is alleged to have been caused, the learned Judge erred in convicting them." The main submission made by learned counsel for the appellants is that, for the Court to proceed to convict the second appellant after making a finding of fact that the land on which the building was destroyed belonged to the second appellant, ...