This is an appeal against the conviction and sentence imposed on the Appellant herein by the circuit court, Kyebi, in the Eastern region.
The circuit court, Kyebi, in the Eastern region on the 4th November, 2021 convicted the appellant of one count of robbery and sentenced him to fifteen (15) years imprisonment IHL contrary to section 149 of the Criminal and other offences Act (29/60). Undeniably, the appellant, upon being charged for the offence of Robbery pursuant to section 149 of the Criminal Offences Act 1960, (Act 29) pleaded guilty with explanation and gave his explanation to the court as follows; I was at Apedwa Breman and decided to visit a friend at United, Whilst going, there was somebody ahead of me whom I called.
He became angry and we fought and then his phone fell down.
The trial judge upon the explanation offered by the Appellant rightly determined that accused/appellant had a defence to the charge and accordingly entered a plea of not guilty for accused/appellant.
The particulars of the offence were that the Appellant on the 28th day of July 2021 at about 9: 30pm at Akim Apedwa in the Eastern Circuit and within the jurisdiction of the Court did rob one Emmanuel Adoasi of one Techno spark 6 mobile phone valued GH¢800. 00. The brief facts of the case as presented by prosecution are that, the Complainant is a student while the accused person is a private security officer both of whom reside at Akyem Apedwa.
On 27/07/2021 at about 9: 30pm, the complainant who lives at Apedwa New Road came to Apedwa Pig Farm.
On his return and upon reaching Apedwa United Basic School met the accused holding a cutlass.
The accused person stopped the complainant and seeing that there was no one around, instructed the complainant to surrender his phone else he would butcher him with the cutlass.
The complainant initially resisted but later surrendered the phone to the accused person after he was engaged in a heated struggle.
The complainant lodged a report with the Apedwa Police.
The accused person sensing danger, went into hiding in Accra.
On 18/08/2021, the police upon a tipoff, arrested the accused person at Circle-Accra and brought him to Apedwa for investigation.
The accused person in his caution statement before an independent witness admitted to the offence levelled against and confessed to selling the phone to a boy at Circle-Accra for GH¢280. 00 after investigations, the accused was charge with the above stated offence and brought before this
