AGYEKUM PRINCE VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE CYNTHIA MARTINSON [MRS]
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant, convicted of robbery and conspiracy, filed an appeal against his 15-year sentence. His grounds of appeal included claims of improper conviction, harsh sentencing, and police coercion to plead guilty. The appellate court examined the case, including the facts, legal principles, previous case law, and statutory provisions. The court upheld the conviction and sentence, finding no procedural errors or unjust outcomes. The appellant's plea, explanation, and mitigating factors were considered, but the sentence was deemed appropriate and aligned with the law's deterrent and punitive objectives.
On 29th June 2023, the appellant through his counsel filed the instant appeal by extension of time under Section 325 [2] of Act 30. The petition is in respect of the conviction and sentence of the appellant by the Mpraeso Circuit Court in the Eastern Region.
The judgment is dated 22nd day of October 2023. The court was presided over by His Honour Stephen Kumi Esq. In the substantive case which gave birth to this appeal, the appellant and another were charged with two counts for the following offences.
a) Conspiracy to commit crime to wit robbery, contrary to sections 23 (1) and 149 of the Criminal Offences Act, 1960 (Act 29).
b) Robbery, contrary to section 149 of Act 29. The Appellant pleaded guilty with Explanation on the 1st count, guilty on the 2nd count and was sentenced accordingly.
For the purposes of this appeal, A1 is [hereinafter referred to as the Appellant]. FACTS OF THE CASE AS NARRATED BY PROSECUTION The facts of the case indicate that the Complainant one Isaac Amoako Boateng is a former student of Kristech Obo Kwahu.
A1, the Appellant Agyekum Prince aged 20 years is a driver and his accomplice, A2 Ernest Kumi aka Survival, a Driver's mate aged 22 years are both natives of Kwahu Bepong.
On the 3/10/21 at about 10. 30 pm the complainant boarded a Taxi to Obo Kwahu and on their way, the Appellant stopped the car and his accomplice sitting close to the complainant at the back seat pulled a knife and robbed him of his Iphone XR.
After the act His accomplice opened the car door pushed the Complainant down and told the Appellant to drive off.
The complainant reported the incident to the Obo police.
The Appellant and his accomplice were later arrested and handed over to the Obo Police.
According to the prosecution, in their cautioned statement the Appellant and his accomplice admitted the offence and asked for forgiveness.
They were charged with the offences.
At the conclusion of the case, the Appellant and his accomplice were convicted on both counts and sentenced to 15 years IHL on each count to run concurrently.
The appellant is aggrieved with his conviction and sentence by the Circuit Court and has mounted this appeal.
The appellant’s grounds of appeal are as follows: PART OF THE JUDGEMENT COMPLAINED OF The whole judgement and sentence imposed on the Appellant GROUNDS OF APPEAL(i) The conviction was wrong in law.
ii) Further Grounds of Appeal shall be filed upon the Receipt of the record of Proceedings RELIEFS SOUGHT That the