TURKSON v. THE REPUBLIC

This case involves an appeal by one of two co-accused who were initially convicted of conspiracy to steal and stealing engine oil. While the appellant's co-accused successfully appealed and had his conviction set aside with an order for retrial, the appellant served his full sentence before appealing. The court considered whether the appellant should benefit from the decision made in his co-accused's appeal, even though he had not initially appealed. The court allowed the appeal, recognizing that the fundamental finding in the co-accused's case should have applied to both defendants in the joint trial. The court set aside the appellant's conviction and sentence, acquitting and discharging him. The decision highlights the court's power to extend relief to co-accused persons who have not appealed if justice requires it, and emphasizes the principle that justice must not only be done but must be seen to be done.