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IGNATIUS HOWE v. THE REPUBLIC

December 2, 2010

COURT OF APPEAL

GHANA

CORAM

  • APALOO JA (PRESIDING)
  • MARIAMA OWUSU JA
  • DUOSE JA

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

Justice R. K. Apaloo, JA, delivered the lead judgment of the Ghana Court of Appeal dismissing Ignatius Howe’s appeal from his Cape Coast High Court conviction and 45‑year sentence for robbery. The prosecution established that Howe and armed accomplices invaded PW1’s home in the early hours of 22 June 2005, assaulted family members, shot PW1, and stole cash, clothing, and phones. Identity was determinative: PW1 saw Howe’s face despite a mask and noted his build and fair complexion; PW2, PW1’s 11‑year‑old son, corroborated and later saw Howe near the house. An identification parade was conducted; photographs showed multiple participants of similar build and complexion, and PW4 testified compliance with Police Standing Orders. Howe’s alibi evidence from DW1 and DW2 was inconsistent with prior statements, undermining credibility. Distinguishing Karim’s caution on in‑dock identification and applying Miller’s standard, the Court held the prosecution proved the case beyond reasonable doubt. Citing Adu‑Boahene, the Court affirmed the 45‑year deterrent sentence given the gravity and brutality of the robbery. Justice Mariama Owusu, JA, concurred.

JUDGMENT