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ABUBAKARI GERO v. THE REPUBLIC

2016

COURT OF APPEAL

GHANA

CORAM

  • ADJEI, JA – PRESIDING
  • MRS. SOWAH, JA
  • MENSAH, JA

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law
  • Constitutional Law

AI Generated Summary

Dennis Adjei JA, writing for the Ghana Court of Appeal, addressed the appeal of the third accused from a Kumasi High Court judgment that convicted three men of conspiracy to commit robbery and robbery after a premeditated roadblock near River Afram led to armed attacks on passengers in multiple vehicles and subsequent sharing of stolen property at Ebenezer Hotel in Yeji. Despite criticizing the High Courts failure to evaluate evidence and provide reasons, the Court of Appeal found no substantial miscarriage of justice and affirmed the convictions, noting the prosecution proved its case beyond reasonable doubt. The appellant challenged his twenty-one-year concurrent sentence as harsh; the court emphasized statutory minimums and sentencing purposes but corrected the unlawful retrospective commencement. Applying Article 14(6), it re-sentenced to 17 years, commencing 23 April 2009, and dismissed the appeal subject to this modification.

JUDGEMENT