COMMODORE ALIAS KAYAA v. THE REPUBLIC
June 24, 1976
HIGH COURT
GHANA
CORAM
- TAYLOR J
Areas of Law
- Criminal Law and Procedure
- Evidence Law
June 24, 1976
HIGH COURT
GHANA
CORAM
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JUDGMENT OF TAYLOR J.
This is a case of conspiracy to commit robbery contrary to sections 23 (1) and 149 of the Criminal Code, 1960 (Act 29), and dishonestly receiving contrary to section 146 of the said Criminal Code, 1960 (Act 29). The particulars of these offences spelt out in the two counts in the charge sheet are respectively as follows:
“Count 1
Martey Commodore, alias James Kayaa: Painter—On or about the 30 of April 1971 at Accra in the Eastern Circuit and within the jurisdiction of this court, did agree together with a common purpose with Alhaji Abdul alias Joseph Barhin, Imoru Kano and others unknwon to commit crime, namely, robbery.
Count 2
Martey Commodore alias James Kayaa: Painter— On or about 30 April 1971 at Accra in the Eastern Circuit and within the jurisdiction of this court, did dishonestly receive N¢1,000.00 which you knew to have been appropriated by crime, to wit robbery."
The relevant facts led in evidence are devoid of any complexity and are that on 30 April 1971, the State Housing Corporation, by its senior accountant, collected from the Ghana Commercial Bank at Ring Road West a sum of money amounting to a little over ¢23,000.00. The money with the bank stamps dated 30 April 1971 and the cashier's initials on its wrappers was to be used in paying the workers of the State Housing Corporation then working on a housing project at the Dansoman Estate. The money was divided into three parts and given to three paymasters who were to pay the workers. To one paymaster a sum of N¢8,151.98 was given, to the second paymaster N¢7,720.45 was-given and the balance amounting to N¢7,208.74 was given to a third paymaster. Each paymaster [p.475] put his money in a specie box and at about 11.30—12 noon accompanied by an armed policeman and six assistant paymasters, they left the Housing Corporation head office in a Benz bus heading for the Dansoman Estate to pay the workers.
When they were about 200 yards to the site, a Peugeot car crossed their path thus forcing the driver to stop; thereupon a number of men some armed with cutlasses and others with pistols attacked them. The driver was slashed with a cutlass and they fired shots into the car. The armed policeman returned the fire apparently wounding one of the armed men, but the armed men succeeded in taking away two of the specie boxes containing the ¢8,151.98 and ¢7,720.45 respectively. All the persons in the Benz bus (with the exception of the armed policeman) ran away.
That same day fo
AI Generated Summary
TAYLOR J. reviews convictions of Martey Commodore, a State Housing Corporation painter, for conspiracy to commit robbery and dishonestly receiving arising from a 30 April 1971 armed attack on SHC paymasters near the Dansoman Estate. The prosecution’s case substantially depended on a deposition by accomplice Alhaji Abdul taken on commission at Nsawam Prisons under section 124 of the Criminal Procedure Code. The court held that commissions may issue only in the course of a pending inquiry or trial and upon satisfaction of statutory preconditions; neither was shown, and section 127’s admission is discretionary, not mandatory. Even assuming admissibility, the four items identified by the trial judge as corroboration did not independently connect Commodore to the crime under the Baskerville standard. The court also observed that, had convictions stood, sentences must run concurrently under sections 302(a) and 303 because the acts formed one continuous transaction. Concluding there was insufficient lawful and corroborated evidence, the court quashed the convictions and sentences and allowed the appeal.