FRIMPONG KYEI BAFFOUR v. THE REPUBLIC
2015
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
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant was convicted of conspiracy to commit robbery and robbery, and sentenced to 21 years. The appeal focused on reducing the sentence, citing the Appellant's remorse, first-time offender status, and lessons learned during ten years of incarceration. The court considered factors like the seriousness of the robbery, societal reaction, and the violent execution of the crime, ultimately upholding the original sentence as appropriate and dismissing the appeal.
J U D G M E N T:
L. L. MENSAH, J.A.
This is an appeal launched by the Appellant who was convicted for the offence of conspiracy to commit robbery contrary to section 23(1) of Act 29 1960, and robbery contrary to section 149 of the Criminal and Other Offences Act, 1960 as amended by Act 646 of 2003.
The particulars of the offence is that the Appellant with two others on the 9th day of May, 2005 at Asokwa in Kumasi in the Ashanti Region did at gun point rob one Osei Kwadwo of a Nissan Primera Taxi cab with Registration Number GT 3738 T.
After full trial of the Appellant and the two others one of whom is at large, the Appellant was found guilty of the two offences aforementioned at the High Court, Kumasi on 29th July, 2009. He was sentenced to 21 years I.H.L. on each of the two counts. The sentences are to run concurrently.
The facts on which this appeal rests is that the complainant Osei Kwadwo a taxi driver was driving a Nissan Primera with Registration No. 3738 T aforesaid on the 9th of May, 2009 in Kumasi. The Appellant and two others, one of whom was tried in absentia, hired the complainants taxi to Ahmadiya Secondary School. On reaching the school gate, the Appellant and his friends tricked complainant to move the car forward a little because they did not want their tutors to see them.
When he refused two of them came out of the car and Appellant pulled a pistol and threatened to kill complainant. He came out of the taxi and the Appellant removed the ignition key. When he made attempt to get the key back, he was pushed into a nearby gutter. On standing up the Appellant fired the pistol and he was hit at the right arm. The Appellant and his accomplices drove the taxi away. Later the police heard about some boys shooting a gun in a house. On getting to the house in which the Appellant lived the pistol which was used in shooting the complainant was retrieved and Appellant was arrested.
At an identification parade, complainant was able to identify the Appellant and one other, the third one having escaped and as aforementioned, tried and sentenced in absentia.
The Appellant’s first ground of appeal is that:
The sentence imposed on the Appellant is harsh in view of the circumstances surrounding the case hence his plea for reduction of the sentence to the minimum.
The additional grounds of the appeal are:
1. The Appellant regrets his action and it is out of deep remorse that he is praying for mitigation of sentence.
2. The Appellant has learnt hi