IBRAHIM TANKO v. REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI (PRESIDING), JA
- GERTRUDE TORKORNOO, (MRS.), JA
- ANGELINA M. DOMAKYAAREH (MRS.), JA
Areas of Law
- Criminal Law
- Appeals
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant's sentence of 21 years IHL on two counts of robbery was affirmed on the grounds that the trial judge's discretion was properly exercised, considering the seriousness of the crime and the appellant's criminal history. The appeal against the sentence was dismissed.
AYEBI, JA
1. On 7th June 2006, the appellant herein, Kofi Adomako @ Ascona and Nobe (at large) were arraigned before the High Court, Kumasi on two counts of conspiracy to commit robbery contrary to sections 23(1) and 149 of Act 29/60 as amended by Act 646 and robbery contrary to section 149 of Act 29/60 as amended by Act 646.
2. Two out of the accused persons were present at the trial. Each of them pleaded guilty to each of the two counts. They were each convicted and sentenced to 21 years IHL on each count, sentences to run concurrently.
This appeal is by the first accused as the appellant against sentence only. The grounds are that:
(i) The sentence was harsh and excessive
(ii) The value of the items was not taken into consideration by the trial judge.
3. The facts of the case are that the complainant Kwabena Adjei is the caretaker of a cocoa farm situated at Abofour. The cocoa farm is owned by Francis Amponsah. On 31/05/06, the complainant accompanied by his daughter was going to see his farm owner at Dichemso. The complainant carried a small bag containing cash the sum of One Million cedis (¢1,000,000.00), a bottle of olive oil, a sponge and a Cocoa/Coffee Farmers Association Passbook in the name of his farm owner.
4. On the way the accused persons confronted the complainant. The A2 demanded that he surrendered the bag. The complainant resisted and a struggle ensued. A3 forcibly snatched the bag and ran away with it. In order to help A2 overcome the resistance put up by the complainant, A1 made an attempt to stab the complainant in the stomach with a kitchen knife. The complainant used his hand to block the knife and had a cut on the wrist.
5. Although all the three accused ran away, they were arrested with the assistance of some area boys. The sponge and the passbook were found with A1 and A2 while the knife was found on A1 stained with blood. These are the facts of the case which all the accused pleaded guilty to simpliciter. By the plea of guilty simpliciter, the appellant had accepted every allegation of the role he played in the commission of the crime upon which he was convicted.
6. It is provided by sections 149 and 150 of the Criminal and Other Offences Act, 1960 (Act 29) as amended by the Criminal Code (Amendment) Act, 2003 (Act 646) respectively that:
“149(1) Whoever commits robbery is guilty of an offence and shall be liable, upon conviction on a trial summarily or on indictment, to imprisonment for a term of not less than te