DONALD NORGLO vs. THE REPUBLIC [2020]DLHC10098

Date	2020-10-16
Suit No.	CR 0609/2020
Citation No.	[2020]DLHC10098

HER LADYSHIP JUSTICE RUBY ARYEETEY

M.K. YAKAH (FOR THE APPLICANT)

SELASI KUWORNU (FOR THE RESPONDENT)

[2020]DLHC10098
																																						<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" >DONALD NORGLO<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>[HIGH COURT (CRIMINAL
DIVISION), ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormal" align="center" style="margin-top:0cm;margin-right:0cm;
margin-bottom:0cm;margin-left:144.0pt;margin-bottom:.0001pt;text-align:center;
text-indent:-144.0pt;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">CR
0609/2020&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 16TH OCTOBER,
2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>M.K. YAKAH (FOR THE APPLICANT) <o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

<p class="MsoNormal" style="margin-top:0cm;margin-right:0cm;margin-bottom:0cm;
margin-left:144.0pt;margin-bottom:.0001pt;text-align:justify;text-indent:-144.0pt;
line-height:normal;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">SELASI KUWORNU
(FOR THE RESPONDENT) <o:p></o:p>

</div>CORAM:<o:p></o:p>HER LADYSHIP JUSTICE RUBY ARYEETEY<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">RULING<o:p></o:p>

</div>&nbsp;&nbsp;This is an application for bail pending appeal.
This application is made supported by an affidavit. The applicant with some
others were charged with robbery but he was found not guilty on the charge of
robbery but only on the conspiracy charge.&nbsp;
Accused/Applicant was sentenced to 18 years imprisonment on 19th
February, 2020 by Tema Circuit Court.&nbsp;
Being dissatisfied with the judgment and the sentence he has appealed
and applied for bail with his appeal going on. Counsel for the applicant
submitted that the conviction and sentence was wrong in law and this has
occasioned a great miscarriage of justice. Counsel further argued that, the
appeal is likely to take a long time and also likely to succeed. He therefore
prayed the court to grant the applicant bail pending the determination of the
bail because Accused has persons to stand as surety for him.&nbsp; He has a place of abode and will prosecute
his bail.&nbsp; He also added that the
Prosecution in their affidavit in opposition submitted that the judgment filed
and attached was incomplete however a supplementary affidavit has been filed
rectifying same.<o:p></o:p>&nbsp;The Republic/Prosecution/respondent opposed the
application for bail pending appeal and relied on their affidavit in opposition
filed on the 14th of September, 2020.&nbsp;&nbsp; They relied on the case of Isa V. The
Republic, [2001 -2002] 1 GLR as well as the case of Fynn V. The Republic stated
the grounds on which bail pending appeal may be granted. Prosecution submitted
that it has not been shown by the applicant anywhere that the appeal will delay
and their preliminary argument that the conviction is prima facie wrong cannot
be true as from the judgment of the trial court attached to the motion, it is
evident from pages 15 to 17 that the trial Judge considered ample evidence
before her that the convict conspired with 4 others to commit the offence for
which he was convicted.&nbsp; Therefore if the
ground for appeal is that there was insufficient evidence against the applicant
then there is no likelihood that the appeal will succeed. There is also no
special ground on the face of the affidavit in support of the motion or
counsel’s submission that will warrant bail pending appeal.&nbsp; The Prosecution submitted that since the
conviction and sentence of the applicant remains good in law, this court should
refuse the application for bail pending appeal.<o:p></o:p>&nbsp;Section 96 (1) (a) of the Criminal and Other
offences Act, 1969 (Act 30) provides that a court may grant bail to a person
who appears or is brought before it on a process or after being arrested
without warrant, and who is prepared at any time or at any stage of the
proceedings or after conviction pending an appeal.<o:p></o:p>&nbsp;Bail pending appeal has been held by the courts to
be an unusual procedure and thus the courts are normally cautious in granting
same having regard to the fact that the applicant would have been convicted by
a court of competent jurisdiction. The principles governing application for
bail pending appeal are now quite well established. They were first laid down
by the West African Court of Appeal (WACA) in the case of R V TUNWASHE [1935] 2
WACA 236 where Butler-Lloyd, Ag Chief Justice, sitting as a single Judge of
WACA stated:<o:p></o:p>“From a careful examination of the reported cases
it is clear-<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That bail will not
be granted pending an appeal save in exceptional circumstances or where the
hearing of the appeal is likely to be unduly delayed<o:p></o:p>