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SGT. JOHN AGYAPONG v. REPUBLIC

2015

COURT OF APPEAL

GHANA

CORAM

  • MARIAMA OWUSU (MISS), J.A. (PRESIDING)
  • F.G. KORBIEH, J.A.
  • SENYO DZAMEFE, J.A

Areas of Law

  • Criminal Law and Procedure

AI Generated Summary

The appellant and others were accused of conspiracy and robbery in connection with an incident involving a gold purchase. The appellant's conviction for robbery was overturned on appeal, but his conviction for conspiracy was upheld, leading to further appeal. The Court of Appeal found that the earlier courts misapplied the law, failing to prove a prior agreement to act together as required under the new law on conspiracy. Moreover, the appellant was found to have been following orders from a superior officer without evidence proving these were unlawful instructions. It was emphasized that doubt should be in favor of the accused, leading to the appellant’s acquittal and discharge from the charge of conspiracy.

JUDGMENT