COMMISSIONER OF POLICE v. SARPEY AND NYAMEKYE

JUDGMENT OF SARKODEE-ADOO J.S.C.

Sarkodee-Adoo, J.S.C. delivered the judgment of the court. The appellant Kofi Sarpey who is a general police constable was charged in count 3 with aiding and abetting Kodjo Koranteng, a delivery clerk, Felix Lamptei, a delivery clerk, and James Amoo Nelson, a lorry driver in the commission of the offence of stealing. The three named persons were charged with conspiracy to steal in count 1, and in count 2 with stealing two cases of blouses valued at £G222 15s, the property of the Palm Line Agencies Ltd.; in count 4 Felix Lamptei was charged with the forgery of waybill No. 5646; and Felix Lamptei and James Amoo Nelson were charged with uttering the said waybill in count 5. The part taken by the appellant is not in dispute and as such for the purposes of this judgment it is unnecessary to recapitulate in detail the facts thereof save to state that a charge of conspiracy had earlier been withdrawn against the appellant and the evidence clearly shows that at the time he became involved or identified with the transaction, the alleged stealing had already occurred. His participation, if any, was allowing the vehicle carrying the stolen goods unchecked passage: whether or not by his conduct he committed an offence under the Criminal Code is not a matter for conjecture by this court; we are only concerned with the appeal before us.

Section 20 of the Criminal Code, 19601 under which the charge against him was preferred provides as follows:

"(1) Every person who, directly or indirectly, instigates, commands, counsels, procures, solicits, or in any manner purposely aids, facilitates, encourages, or promotes, whether by his act or presence or otherwise, and every person who does any act of the purpose of aiding, facilitating, encouraging, or promoting the commission of a crime by any other person, whether known or unknown, certain or uncertain, is guilty of abetting that crime, and of abetting the other person in respect of that crime.

(2) Every person who abets a crime shall, if the crime is actually committed in pursuance or during the continuance of the abetment, be deemed guilty of that crime.

(3) Every person who abets a crime shall, if the crime is not actually committed, be punishable as follows, that is to say—

(a) where the crime abetted was punishable by death the abetter shall be liable to imprisonment for life; and

(b) in any other case the abetter shall be punishable in the same manner as if the crime had been actual