ISAAC AMANIAMPONG (alias) FIIFI v. THE REPUBLIC

JUDGMENT

OWUSU (MS) JSC.

The Appellant was charged together with two others on two counts of conspiracy to commit robbery and robbery contrary to sections 23 (1) and 149 and of the criminal and other offences Act, 1960, Act 29 as amended by Act 646 of 2003.

They were arraigned before the High Court, Sekondi for trial. They pleaded not guilty. The prosecution therefore led evidence in their quest to prove the charges against them.

At the end of the trial all three of them were found guilty on both counts and convicted. The 1st accused was sentenced to life imprisonment. The 2nd and 3rd accused persons were sentenced to 70 years each on both counts.

Dissatisfied with both conviction and sentence, the Appellant appealed to the Court of Appeal which dismissed the appeal against conviction but allowed the appeal against sentence and reduced the sentence of 70 years I. H. L. to 30 years I. H. L. Still dissatisfied, he has appealed to this court on the grounds:

“(i) that the Court of Appeal did not adequately consider the

appeal against conviction.”

“(ii) that the sentence was harsh and excessive.”

Arguing ground (i), counsel referred the court to the charge sheet containing the two counts which reads thus:

“COUNT ONE

STATEMENT OF OFFENCE

Conspiracy to commit a crime to wit Robbery contrary to sections 23 (1) and 149 of the criminal code, 1960 (Act 29)

PARTICULARS OF OFFENCE

Godfred Aggrey alias Ekow, Salim Amin and Isaac Amaniampong alias Fifi on or about the 11th day of October, 2006 in Takoradi did agree and act together with a common purpose to commit crime to wit robbery.

COUNT TWO

STATEMENT OF OFFENCE

Robbery contrary to section 149 of the criminal Code, 1960 [ACT 29] as amended by Act 646.

PARTICULARS OF OFFENCE

God Aggrey alias Ekow, Salim, Amin and Isaac Amaniampong alias Fiifi, on the 11th October, 2006, in Takoradi at about 3:00am and for the purpose of stealing from Sharon Owusu Antwi her hand bag containing eight hundred and seventy-five thousand cedis [¢875,000] a Nokia Mobile phone, student I. D. Card and voter I. D. Card and with the intent to overcome the resistance of the said Sharon Owusu Antwi did cause harm to her and stole the bag and its contents.”

In proving the charges against the accused persons before the trial court, the prosecution called four (4) witnesses but for purposes of the appeal, I will refer to the evidence of p. w. 1, Sharon Owusu Antwi, the victim who only gave an eye witness account of what happene