ISAAC AGU @ BENITO v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- E. K. Ayebi (Presiding), JA
- Gertrude Torkornoo, (Mrs.), JA
- Angelina M. Domakyaareh (Mrs.), JA
Areas of Law
- Criminal Law and Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Four accused persons, including the appellant, were convicted of robbery and conspiracy to rob, and were sentenced to 25 years imprisonment. The appellant appealed, claiming the trial judge failed to properly evaluate evidence and give proper consideration to his case, and that the sentence was excessive. However, the appellate court found that the evidence, including the appellant's confession and corroborative evidence, supported the conviction. The court did modify the sentence to 23 years due to an error in the commencement date.
AYEBI, JA
1. This is an appeal against the judgment of a Kumasi High Court, dated 22nd October 2007. At the trial court, four accused persons were charged on two counts of conspiracy to rob and robbery contrary to sections 23(1) and 149 and section 149 of Act 29/60 as amended by Act 646 of 2003. The particulars state that on 27th October 2005, at a spot between Katanso and Bereku on the Accra Kumasi trunk road, the accused did rob at gun point passengers travelling on vehicle No. GT 7908 W of ¢46, 028, 000. 00, $100 and 4 mobile phones whose value is unknown.
2. All the accused pleaded not guilty to the charges.
But after a full trial, the court found all of them guilty of the charges preferred against them.
The court sentenced each of them to a term of 25 years IHL on each count, the sentences to ran concurrently, effective from the 27th October, 2005, the date of commission of the offence and their arrest.
3. This Isaac Agu @ Benito was the third accused at the trial.
Being dissatisfied with the judgment, has appealed against it with leave of this court on 20th October, 2015. His grounds of appeal are that:
(i) The trial court failed to properly evaluate the evidence which formed the basis of the conviction of the appellant.
ii) The trial judge failed to give proper and adequate consideration to the appellant’s case.
iii) The sentence is harsh and excessive.
The relief which the appellant seeks from this court is that the conviction be quashed or in the alternative the sentence be reduced.
4. Robbery is defined in section 150 of Act 29/60 as amended.
And in Behome vrs The Republic [1979] GLR 112, the court explained that one is only guilty of robbery if in stealing a thing he used any force or caused any harm or used any threat of a criminal assault with intent thereby to prevent or overcome the resistance of his victims, to the stealing of the thing.
The facts of the instant case show that the passengers on vehicle No. GT 7908 W were robbed of their monies and other valuables on 27th October, 2005.
5. The facts state that the four accused persons and one other called Chenedu alias Brazil reside at Avenor in Accra.
On 27/10/2005, all of them went to the Neoplan Station, bought tickets and boarded as passengers, vehicle No. GT 7908 W bound for Kumasi at 10. 00pm.
When the vehicle got to between Katanso and Bereku, Chenedu the leader of the group shouted at the driver to stop.
When the driver ignored the order, he fired a shot throu