OWUSU-ANSAH vs. THE STATE [1964]DLSC1941

Date	1964-11-06
Suit No.
Citation No.	[1964]DLSC1941

MILLS-ODOI JSC

ACOLATSE JSC

BRUCE-LYLE J.S.C.

APPELLANT IN PERSON.

J. N. K. TAYLOR SENIOR STATE ATTORNEY FOR THE RESPONDENT.

[1964]DLSC1941
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >OWUSU-ANSAH <o:p></o:p>vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1964] GLR 558<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
6 NOVEMBER 1964.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

APPELLANT IN PERSON.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

MILLS-ODOI, ACOLATSE AND BRUCE-LYLE
JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF BRUCE-LYLE J.S.C.<o:p></o:p>Bruce-Lyle
J.S.C. delivered the judgment of the court. This is an appeal from the judgment
of Djabanor J. sitting with assessors at the Criminal Session of the High
Court, Kumasi, delivered on 28 June 1963.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant was charged with three others with conspiracy to steal and he alone
with 44 counts of stealing 108 logs of various species, the property of his
employers Messrs. F.E. Ghassoub (Ghana) Ltd. (hereinafter referred to as
complainants).<o:p></o:p><o:p>&nbsp;</o:p>The case
for the prosecution was briefly that the appellant was employed as the timber
truck driver of the complainants on the various dates mentioned in the 44
counts and that on these dates his truck was loaded with logs in the bush in
the Hwidiem area. There was a loading clerk at Hwidiem whose duties included
preparation of waybills, in original and duplicate, covering the logs entrusted
to the appellant. The original waybill was handed to the appellant and the
duplicate was kept by the clerk. It is significant that these waybills were not
signed or thumb-printed by the appellant. One hundred and five logs, covered by
counts 2 to 43 alleged to have been delivered to the appellant, never got to
the intended destination, to wit, the yard of the complainants in Kumasi and
they were never traced. Three other logs, covered by counts 44 and 45, which
were delivered to the appellant were conveyed not to the complainants’ yard in
Kumasi but to the yard of Messrs. West African Hardwoods Ltd., a sawmill firm
in Kumasi. Upon investigations it was discovered that the three logs were sent
there by the appellant and sold for cash paid to him through one Kweku Addo,
the eleventh prosecution witness.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant in his defence denied any knowledge of the 105 logs covered by counts
2 to 43; but he admitted conveying to the yard of Messrs. West African
Hardwoods Ltd. the three logs covered by counts 44 to 45, saying that he did it
on the instructions of one John Amponsah, the eighth prosecution witness, the
receiving clerk for the complainants; that he, the appellant, received the
moneys in respect of the three logs and paid them over to the said Amponsah;
and that he thought the sale of the logs was genuine.<o:p></o:p><o:p>&nbsp;</o:p>The trial
judge at the close of the prosecution’s case acquitted and discharged all the
accused persons including the appellant on the count of conspiracy to steal and
convicted him on all the stealing counts (counts 2 to 45) and sentenced him to
three years’ imprisonment with hard labour. The appellant has appealed to this
court against the conviction on the following grounds:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“(1) the
prosecution failed to discharge the burden of proving that the accused
committed the offence of stealing in counts 2 to 45. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(2) The
trial learned judge erred in admitting a statement by a co-accused implicating
the accused made at a time the accused was not present, which statement the
accused had no opportunity during the trial to admit, deny, explain, or
otherwise comment upon. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(3) The
trial learned judge erred in failing to warn the assessors and himself in the
summing up and in the judgment to disregard or not give much weight to the said
statement, especially when the accused had no opportunity to admit, deny,
explain, or otherwise comment upon same. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shado</main>