BINEY v. THE REPUBLIC
June 16, 1972
HIGH COURT
GHANA
CORAM
- FRANCOIS J
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
- Evidence Law
AI Generated Summary
The case concerns a police officers appeal against a conviction for extortion under section 239(1) of the Criminal Code. The particulars alleged that, at Sogakofe in the Volta Magisterial District, the appellant and two fellow police officers demanded and obtained N a29.00 from Ali Mahamadu Fulani under colour of office for an alleged contravention of the Aliens Act. Justice Francois found the prosecution evidenceincluding storekeeper Halms testimony, corroboration by the third accused, and a faultless identification paradecompelling, leaving no room for a contrary conclusion. On appeal, counsel Kwaw Swanzy argued that the count was duplicitous and that Article 20(2)(c) of the suspended 1969 Constitution had been fundamentally breached. The court held that Article 20(2)(c) ensures understanding of the offence, not elimination of duplicity, and that Act 372 (sections 26(12) and 26(14)), reinforced by Andoh and Donkor, requires dismissal of technical appeals absent substantial miscarriage of justice. The appeal was dismissed and the sentence substituted with a a2400.00 fine (or ten months in default).