[2013]DLCA8071 • June 27, 2013 • Court of Appeal
KOFI AYIVI YESU vs. THE REPUBLIC
SOWAH JA The appellant was charged at the High Court, Ho on one count with ‘Robbery contrary to section 149 of Act 29 of 1960 as amended by Act 646 of 2003”. He was convicted on16th June 2004 and sentenced to 20 years IHL. Being aggrieved with his conviction, the appellant filed a notice of appeal against conviction pursuant to an Order extending time within which to appeal. The grounds of appeal are as follows: 1. The judge erred in holding that the discrepancies as to what the appellant wore on the day of the robbery was minor, it was indeed very major. 2. The judge erred by in relying on the identification of the appellant by Prince Emena when he did not have the opportunity to confront him which occasioned a substantial miscarriage of justice and against the rules of natural justice. 3. The judge erred in not telling the appellant of his right of filing a notice of alibi, which was the defence and which therefore was not investigated by the prosecution 4. There wa...