S1 Judge-questions of law (whether a person has met the burden of producing evidence or has not, admissibility of evidence and construction of Act 323) question of fact (determination of a foreign law and in trials without jury)S2 Jury-questions of fact (but doesn’t preclude judge from summing up evidence to jury and commenting on weight of evidence but to make clear that jury are to determine their own weight and not bound by judge’s comment)
Gen principle, questions of law, relevance of facts, admissibility of evidence, construct docs, matter of facts proof of which enable evidence of particular matters to be given, sum up law and fact are determined by judge per S 278 of Act 30, and questions of fact per the law, meaning of technical terms but for terms of law,are by jury per S 279 of Act 30, despite judge controls jury’s exercise of power in 4 ways, withdrawal of issue from jury, excluding otherwise admissible evidence, summing up evidence and setting aside verdicts on appeal.
Questions of law for Judge includes, Tsinowepe v Rep whether prosecution has made out its case, COP v Akoto evidence which amounts to suspicion as the stain of blood in cloth should be proved to be deceased’s blood, DPP v Stonehouse where prosecution fails to prove case direct jury to come to a certain conclusion or totally withdraw facts from its consideration, State v Kwame Amoh summing up of law and evidence and shall if necessary under S 277 of Act 30 isn’t discretionary but compelling on the judge.
Questions of fact for Jury includes, R v Wara jury to convict and no direction can be given to do so, R v Ahenkora whether a prisoner who testifies incriminating co-prisoners in joint trial if accomplice then must be corroborated as dangerous to rely on(accomplice vel non) is a matter for the jury not judge.