CHARLES ANSAH v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- DENNIS DOMINIC ADJEI, J.A. (PRESIDING)
- CECILIA H. SOWAH, J.A.
- L. L. MENSAH, J.A.
Areas of Law
- Criminal Law and Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant, convicted for conspiracy to rob and robbery alongside others, appealed for leniency, citing his remorse, first-time offender status, and good conduct. The appellate court reduced his sentence from 33 to 25 years, addressing errors in the trial court's decision on the starting date of the sentence.
L. L. MENSAH, J.A.
The Appellant was one of three accused persons who were tried and convicted by the High Court, Koforidua on 7th February 2014 for conspiracy to rob and robbery contrary to section 23(1) and 149 of Act 29 as amended by section 646 and section 149 of Act 29 as amended by Act 646.
Each of the Accused persons was sentenced to a term of 33 years on both counts which were to run concurrently. The learned trial judge also made an order that the sentences were to take effect from the day the accused persons were arrested and placed in lawful custody.
The brief facts of the case runs as follows: The complainant who featured as the first prosecution witness at the trial was a businessman living in New Tafo Akim. On 30th April 2012 at about 7.00 am the complainant took his Hyundai truck with his driver one George Ansah. The 1st Accused Stephen Asante was the driver’s mate. The complainant took with him the sum of GH₵28,500.00 en route to Accra for business purposes.
Unknown to complainant, the 1st Accused had arranged with 2nd, 3rd and 5th Accused persons to rob him at the outskirt of Adawso. The Appellant pleaded with the complainant to give him lift to his farm which he did, after the Appellant was standing at the road side and pretended to be going to farm.
At the outskirt of the village of Nsu Abenasu, the Appellant shouted at the driver and the driver stopped. On stopping the Appellant, 3rd and 5th Accused persons pulled out a knife, a cutlass and a toy pistol respectively on the complainant and succeeded in robbing him of the GH₵28,500.00. Thereafter they fled into a nearby bush. Though the complainant solicited the help of the inhabitants nearby to search for the Accused persons, they could not find them. A report was later made to the Tafo police. Meanwhile the Accused persons shared the money among themselves.
On the 10th of May 2012, the 4th Accused had information of the robbery and approached the A1 to give him part of the money or he would expose them. As a result A1 gave him GH₵250.00. Police however through intelligence placed surveillance over the Accused persons and arrested them on 14th May 2012 at Nkurankan. The 5th Accused however is at large.
The grounds of appeal is that the Appellant prays for mitigation of sentence in view of the circumstances surrounding the case.
On the additional grounds of appeal, the Appellant has the following:
1. That the Appellant regrets his action and it is out of deep remorse that he is