DELE ADENIRAN v. THE REPUBLIC
2019
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, J.A. - Presiding
- KWOFIE, J.A.
- AGBEVOR, J.A.
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice N. C. A. Agbevor, J.A., writing for a unanimous Ghana Court of Appeal panel, affirmed the conviction and concurrent 20‑year sentences of the 4th Accused for conspiracy to commit robbery and robbery arising from the 27 October 2003 home invasion of Mr. Birifi Appenteng, then Managing Director of Graphic Communications Group, at Dome. The assailants were unmasked, inflicted knife wounds, fired into the ceiling, and stole specified property before loading it into Appenteng’s Nissan Sunny and decamping to Avenor, where a police patrol spotted them. A1 was arrested and implicated the others. The Court rejected challenges to burden of proof, identity, and the characterization/admissibility of the appellant’s caution statement, found the alibi false, and held the statutory sentencing was not harsh. Presiding Justice Kusi‑Appiah and Justice Kwofie agreed.
AGBEVOR, J.A.
The appellant and three others were convicted by the High Court, Accra on the 9th November 2009 for the offences of:- a) Conspiracy to commit crime to wit robbery contrary to Section 23(1) and 149 of the Criminal Offences (Amendment) Act 2003 Act 646.
The accused were also convicted for the substantive offence of robbery contrary to Section 149 of the Criminal Offences Act 1960 as amended by Act 646 for robbery.
The brief facts of this case are that the four accused persons armed with a locally manufactured pistol given to them by A5 went to Dome on the 27th day of October 2003, with the sole purpose of robbing the complainant.
It was around 10.30pm A1, A3 and A4 broke into the house of complainant, one Mr. Birifi Appenteng the then Managing Director of the Graphic Communications Group.
The accused inflicted knife wounds on him and put fear in the household by shooting into the ceiling.
They made away with clothing, a laptop computer, mobile phones, the sum of Gh¢266,000.00 and US$10.00.
the accused put their booty into the trunk of the Nissan Sunny car belonging to the Managing Director and drove to their base in Avenor.
In the process of off-loading the booty, a police night patrol team passing by spotted them.
The accused all took to their heels in different directions but A1 was arrested in the escape and he gave information which led to the arrest of A2, A3, A4 and A5.
After investigations the five were brought to court on the charges set out on the charge sheet.
A1 pleaded guilty simpliciter on charges of conspiracy to rob and robbery.
He was convicted and sentenced.
A2 to A5 pleaded not guilty to all charges against them.
Following a submission of no case against A2 by his counsel which was upheld by the court he was acquitted and discharged.
The 5th Accused was also acquitted and discharged after trial.
The rest of the accused were convicted and sentenced.
A1, A3 and A4 were sentenced to 20 years each with hard labour on the conspiracy charge and 20 years each on the substantive charge of robbery with hard labour with the sentences to run concurrently.
The 4th Accused aggrieved by the decision of the trial High Court, appealed against his conviction and sentence.
The grounds of appeal by the appellant are:
a. The court below misdirected itself on the burden of proof in light of evidence adduced before the court.
b. The court below misdirected itself in concluding that the appellants caution statement was a confess