APOR AMOAKWAH FREDERICK v. THE REPUBLIC
2022
COURT OF APPEAL
GHANA
CORAM
- OFOE, J.A. (PRESIDING)
- MERLEY WOOD, J.A.
- BERNASKO ESSAH, J.A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
V.D. Ofoe, J.A., writing for a unanimous Ghana Court of Appeal panel that included Merley A. Wood, J.A., and S.R. Bernasko Essah, J.A., addressed the appeal of the fourth accused, who had been convicted of robbery and conspiracy and sentenced to 25 years by the Circuit Court; the High Court had dismissed his first appeal. The appellant argued that his confession was inadmissible because D/Inspector Felix Asamoah Gyamfi was not an independent witness under section 120 of the Evidence Act and lacked credibility under section 80; he also raised identification concerns and a missing exhibit. The Court distinguished Ekow Russel and upheld findings that the confession was voluntary, treating the record omission as a technical error under section 31(2) of the Courts Act, and deemed identification irrelevant given the confession. Applying Article 14(6), the Court credited more than two years of pre-trial custody and reduced the sentence to 20 years, dismissing the appeal otherwise.
V. D. OFOE, J.A.
The appellant who was the 4th accused person before the trial Circuit Court was sentenced to 25yrs for the offences of conspiracy to commit the offence of robbery and robbery. He was convicted on the 2nd of December 2013. His appeal to the High Court was dismissed on the 20th July 2017. He is aggrieved at the High Court’s dismissal of his appeal and is before us challenging the dismissal on three grounds. He has formulated the grounds of appeal as follows:
“1. The judgment cannot be supported having regard to the evidence on record
2. The court caused substantial miscarriage of justice by failing to address 4th accused’s defence adequately
3. That the sentence is harsh and excessive”
The brief facts of the prosecution’s case is that the 4th accused/appellant and 4 others were alleged to have conspired and snatch a Kia Rio vehicle from the complainant holding cutlasses and a pistol. It was the 1st accused who hired the vehicle and directed the complainant driver to Odorkor Terrazo and when he got the driver to stop for him to alight at his destination the others pounced on the complainant, seized his car key, threw him out of the car and drove his vehicle away. This was on the 13th February 2011. On the 23rd of March 2011 the 1st accused was arrested in an investigation involving another car robbery. On the 28th of March 2011 he was mixed up in an identification parade and the complainant who was invited for the procedure identified the 1st accused as one of those who robbed him of his car. 1st accused volunteered a caution statement in which he admitted the offence and mentioned that the vehicle was sent to the 5th accused by the 2nd, 3rd and 4th accused persons. On the 28th May 2011 the 2nd accused was arrested in Breman Asikuma and he admitted the offence in his caution statement. On the 8th of June 2011 the 4th accused was also arrested in Ajumako Besease. He also admitted the offence in his caution statement. Based on intelligence report the 5th accused was also arrested and he admitted the offence in his caution statement.
The prosecution called in all three witnesses: The complainant, the investigator of the case, D/Sgt Frimpong and D/Inspector Felix Asamoah Gyamfi. Because the accused persons disowned their caution statement a mini trial was conducted compelling D/Sgt Asamoah Gyamfi to testify since he acted as an independent witness to all the accused persons.
After the trial court had accepted the caution statements as vo