FREDERICK ANNOR v. THE REPUBLIC

J U D G M E N T

HENRY KWOFIE J.A:

This appeal has been launched by the appellant herein against the judgment of the High Court Kumasi dated 7th May 2011. The appellant and another person were convicted of the offences of Conspiracy to commit crime to wit robbery contrary to Section 23(1) and 149 of Act 29/60 robbery contrary to Section 149 of Act 29/60, and assault.

They were both sentenced to nineteen (19) years I.H.L. on each count to run concurrently. Aggrieved by the said conviction and sentence, the appellant filed a petition of appeal on 14/10/2016 pursuant to leave granted by the High Court Kumasi on 13th October, 2016 on the following grounds:

i. The decision of the Court has created or occasioned a miscarriage of justice.

ii The sentence is excessive and harsh

iii Additional grounds of appeal will be filed upon receipt of the record of proceedings.

Subsequently on 02/03/2018 the appellant filed additional grounds

of appeal pursuant to leave granted on 27/02/2018 as follows:

a) The trial High Court erred when it proceeded to hear the case without taking the plea of the accused person.

b) The High Court erred when it convicted the accused person to a prison term of nineteen (19) years on the third count of assault.

The facts of this case relating to the appellant are that the complainant was a cashier at the Unity Oil Filling Station, Afrancho branch. The appellant is an artisan whilst the other accused person is a sawmill operator. On Sunday, the 20th of June 2010 at about 7:20 am, the appellant stopped a taxicab being driven by one Isaac Yankyera. The appellant asked the driver to take them to the Unity Oil Filling Station at Afrancho.

On arrival at the station at about 7:30 am, the appellant alighted and entered the office of the complainant and brought out a locally made pistol and ordered the complainant to surrender all the money in her possession. The appellant succeeded in taking an amount of GH¢2,684 and a Barclays Bank cheque with face value of GH¢371.70 from the complainant and rushed out with it to board the waiting taxi. He then ordered the taxi driver to move. Just as the driver was about to move, he heard shouts from the complainant saying “thief, thief”. The driver became suspicious of the appellant and was thus reluctant to move the vehicle. The appellant pulled out the pistol and pointed it at the driver’s head and began assaulting him. The driver drove to Afrancho town where he could be rescued. He turned off the car e