COMMISSIONER OF POLICE v. DONKOR [1961] GLR 694
24 November 1961 · VAN LARE JSC · ≈ 2 min read
[1961] SLR (SC) 74Other citation styles and permanent link
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DIVISION: IN THE SUPREME COURT
DATE: 24TH NOVEMBER, 1961
BEFORE: VAN LARE, SARKODEE-ADOO AND CRABBE, JJ.S.C.
CASE REFERRED TO
R. v. Leckley [1944] K.B. 80
NATURE OF PROCEEDINGS
APPEAL against conviction for stealing from a dwelling house before J. Kingsley-Nyinah, Esq, District Magistrate, at the District Magistrate’s Court, Obuasi on the 23rd November, 1960, which was confirmed by the Circuit Court, Kumasi.
COUNSEL
Appellant in person.
K. Dua Sakyi, Director of Public Prosecutions, for the respondent, (the State).
JUDGMENT OF VAN LARE J.S.C.
Van Lare, J.S.C. delivered the judgment of the court. [His lordship narrated the facts as set out in the headnote and continued:] It is in respect of these facts that the appellant was convicted. From his reasons, however, the trial district magistrate was satisfied that there was no direct evidence to
connect the appellant with the offence charged, but he was of opinion that the facts and circumstances of the case gave rise to no doubts in his mind as to the guilt of the accused and he appeared to base this conclusion on the fact that although the appellant had opportunity to deny the charge be given as to whether the articles could have been stolen from the room during the time the appellant left the
room for town. For these reasons we allow the appeal, quash the conviction, set aside the sentence and
order an acquittal and discharge.
DECISION
Appeal allowed.
Appellant acquitted and discharged.
