JOSEPH ANYEN vs. THE REPUBLIC

JUDGMENT Introductory background [1] That appeal is by way of re-hearing, it is trite. According to Dotse JSC in the case of DEXTER JOHNSON V THE REPUBLIC [2011] SCGLR 601: "Just like a civil appeal where it has been decided in a long line of cases that an appeal is by way of re-hearing. [...]. Criminal appeals are also by way of re-hearing." This principle empowers this Court to consider in its entirety, the appeal record and substitute itself as the trial court. According to the Court of Appeal in the case of BAKANA LTD. V OSEI [2014] 77 GMJ 68 at 76: “An appellate court as a rehearing court is to rehear an appeal as if the ruling were the original hearing of the case and hence may comprehensively review the whole case by analyzing the entire record of appeal taking into account the testimonies and all documentary evidence adduced at the trial before arriving at a decision so as to satisfy itself that on the preponderance of probabilities, the judgment of the trial court is re.....