KARIM FULANI AND PETER ANING vs. THE REPUBLIC

A. M. DOMAKYAAREH(MRS), J. A 1. The appellant as second accused (A2) was charged together with one other (Karim Fulani – A1) on two counts of conspiracy to commit robbery contrary to Section 23(1) and 149 of the Criminal and Other Offences Act 1960, Act 29 as amended by Act 646 of 2003. They were arraigned before the High Court, Kumasi for trial. They pleaded Not Guilty. The prosecution therefore had the burden of leading evidence to prove their guilt beyond reasonable doubt as required by law. This is prescribed under Section 11 (2) of the Evidence Act, 1975 (NRCD 323) which states as follows: - “Burden of producing evidence 11 (1) … (2) In a criminal action, the burden of producing evidence, when it is on the prosecution as to a fact which is essential to guilt, requires the prosecution to produce sufficient evidence so that on the totality of the evidence a reasonable mind could find the existence of the fact beyond a reasonable doubt.” (emphasis added). 2. ...