By a petition of appeal filed on 08/02/2023, the appellant stated their grounds of appeal as follows;
(a) The charge and the conviction are not supported by the facts on record. (b) The arrest and the whole proceedings (trial) founded on same was wrong in law.
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The appellant was charged with the offence of preparation to commit crime to wit Robbery contrary to Section 19 of the Criminal and other Offences Act, 1960 (Act 29).
The accused pleaded guilty simpliciter to the offences charged.
The brief facts of the case are that, complainant Samuel Asamoah is a mobile money vendor in Obediben East Airport whilst accused/convict, Innocent Agbedam is a Driver in Ashaiman. In the early month of January, 2023, accused/convict approached a witness in this case, Francis Oppong and informed him he has some friends of his, putting in place plans to rob complainant of his money when he closes from work in the evening and as such wanted him to join and assist in the operation. Witness who was not interested in the operation, called the complainant on phone and informed him. Complainant on receipt of this information reported the matter to the police and on 15/01/23, Accused/convict was arrested after close observation. He admitted the offence in his caution statement and after investigation, he was charged and arraigned before the Circuit Court for trial.
Based on the facts of the case, the plea of the Accused/convict was taken on the charge of preparation to commit a crime contrary to section 19 of the Criminal and Other Offences Act. Accused/convict pleaded guilty simpliciter. He was convicted on his guilty plea and sentenced to 10 years IHL. It was based upon the conviction and sentence of 10 years IHL that the learned counsel for the Appellant filed this appeal.
Appellant pleaded guilty simpliciter. He was not represented by a lawyer by a lawyer. The principle of law as provided by Article 19 (2) (f) of the 1992 Constitution is:
Article 19(2) “A person charged with a criminal offence shall
(f) be permitted to defend himself before the court in person or by a lawyer of his choice.”
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Please See the case of Gabriel Joanne v. The Republic [2012] Criminal Appeal No. J3/3/2011.
In the case of The Republic v. High Court (Fast Track Division) Accra: Ex parte Tsatsu Tsikata [2007-2008] SCGLR 1200.
Learned counsel for the Appellant submitted as follows; the circumstances of his plea and its acceptance by the trial court ought to be evalua
