GAMELLI VINOTOR @ GABOO ISAAC TETTEH @ REVEREND & OTHERS v. THE REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- 1. KUSI-APPIAH, J.A. (PRESIDING)
- 2. DZAMEFE, J. A.
- 3. TORKORNOO, J. A.
Areas of Law
- Criminal Law
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal against a conviction for robbery. The appellant, Gamelli Vinotor, was one of five individuals convicted for a violent armed robbery at the home of a bank executive. The main issues were the reliability of the appellant's identification as one of the robbers and the severity of the 40-year sentence. The Court of Appeal upheld both the conviction and sentence, finding that the eyewitness identification was credible and unshaken, and that the sentence was justified given the nature of the crime. The court emphasized the principle that positive identification at the scene of a crime is strong evidence, even without a formal identification parade. The case also clarified the elements of conspiracy to commit robbery and the legal definition of robbery under Ghanaian law.
Criminal law-robbery (definition)
GERTRUDE TORKORNOO, J. A
Section 149 of the Criminal Offences Act 1960 Act 29 provides that: 149. A person who commits robbery commits a first degree felony’Section also defines robbery as: 150. A person who steals a thing commits robbery –'a. if in and for the purpose of stealing the thing, that person uses force or causes harm to any other person or b. if that person uses a threat of criminal assault or harm to any other person, with intent to prevent or overcome the resistance of the other person to the stealing of the thing’. The facts of this case are that at about 2am of 18th January 2009, a group of armed men violently attacked the house of the complainant and PW1, one John Kofi Mensah, an Executive Banker with Unibank Ghana Ltd. After assaulting the security guard called Isaac Annan, PW2 in the house, and taking GH¢150 (One Hundred and Fifty Ghana cedis) off him, they entered the outhouse where the children and other relatives of the complainant lived.
They also entered the rooms of PW5and PW6 by hitting the doors open with bricks.
While there, under threat of violence, they took GH¢250 (Two Hundred and Fifty Ghana cedis) and one Nokia phone from Mavis Annan, PW3 and the daughter of John Kofi Mensah.
With the same threat of harm through violence, one of the robbers forcibly took cash of 50 euros valued at GH¢230 (Two Hundred and Thirty Ghana cedis) from one Caroline Annan Mensah and a Samsung F 300 phone valued at GH¢150 (One Hundred and Fifty Ghana cedis). He also shot Christabel Quansah in the right hand and the pellets had to be removed through surgery.
They then took Mavis Annan hostage, and with a gun to her head, escorted her tothe main house where they threatened to kill her if her father did not give themGH¢50, 000 (Fifty Thousand Ghana cedis). They shot at the complainant within themain house, and using bricks, broke down burglar proofing to reach him within thehouse.
He threw 700 Euros out to them.
After PW1 shot at one of the armedrobbers, they got alarmed and ran out of the house, releasing PW3 in the process.
Five people were arrested namely GAMELLI VINOTOR @ GABOO (1A)ISAAC TETTEH @ REVEREND (2A), ROBERT TAYLOR @ BORNTY(3A), MENSAH DOGBEY @ FOFO (4A), EMMANUEL QUAYE @ OLD SCHOOL (5A), and charged with conspiracy to commit robbery and robbery contrary to sections 23 (1) and 149 respectively, of the Criminal Offences Act(Act 29) 1960, as amended . They were tried in the High Court.
On 25th Sep