Awudu Mahama and 1 Ors v. The Republic
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. Ayebi (Presiding), J.A.
- Gertrude Torkornoo (Mrs.), J.A.
- Angelina M. Domakyaareh (Mrs.), J.A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves two appellants, who were part of a group indicted for conspiracy to commit robbery and robbery. They were convicted by a Kumasi High Court jury and sentenced to life imprisonment. The appellants challenged the conviction and sentence on several grounds, including insufficient evidence and excessive sentencing. The appellate court reviewed the trial proceedings, determining that A4's involvement was not proven beyond reasonable doubt and acquitted him, while confirming the conviction and sentence of A5 based on the strength of the evidence presented. The court also discussed pertinent legal principles related to burden of proof in criminal cases, the necessity of corroboration, and standards for identification evidence.
AYEBI, JA 1. The two appellants herein were amongst five accused persons indicted to stand trial before the Kumasi High Court on two counts of conspiracy to commit the crime of robbery contrary to sections 23 and 149 of the Criminal Offences Act, 1960 (Act 29)as amended and robbery contrary to section 149 of the same Act.
2. The complainant in the case is PW6, Mr. Tawiah.
He and his wife Felicia Boamah were gold dealers at Obuasi.
On 27/12/98 they travelled to Kumasi to spend the Christmas holidays.
Before their departure for Kumasi they left in the care of Kwabena Obeng an amount of ¢25 million and gold mineral totalling ¢54. 5 million.
In the night of 1/01/99, three of the accused persons knocked at the gate of the complainant.
The son of the complainant Frank Mensah (PW2) went to find out who was at the gate.
Accused told him they wanted to do business with PW6, so he let them in and informed Kwabena Obeng (PW1). 3. When they met PW1, they insisted they wanted to see PW6, Mr. Tawiah, although they were told he had travelled.
The accused then pulled a pistol and marched PW1 into the hall and ordered him to open PW6’s bedroom door.
When he refused, A5 took a stone and broke the door open.
He brought out the money, gold mineral and jewelry from the wardrobe and suitcases and passed them on to A6 and they bolted amidst shooting in A2’s taxi-cab which was waiting at a distance.
4. On receiving the information, PW6 headed for Obuasi.
On reaching Sanfo-Aduam and Senfi he appealed to the chiefs to assist to arrest the accused whom he was told were hiding in the bush around the two settlements.
At the police station Frank Mensah identified A1 Obeng Gyebi and caused his arrest. Investigations led to the arrest of A2, Kwame Agyei who was the driver of the taxi-cab they used.
A2 mentioned the rest of the accused as accomplices and they were arrested.
5. After the investigations, they were charged and indicted before the court on the charges of conspiracy to rob and robbery.
They all pleaded not guilty to all the charges.
A full trial was conducted with a jury as the law required at the time.
The trial judge summed up the evidence to the jury.
The jury after their deliberations, returned a verdict of guilty on all the two counts against each of the accused persons.
The trial judge convicted them and sentenced each of them to life imprisonment H/L on each count to run concurrently in accordance with the law at the time on 18/08/2000. 6. The two