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May 24, 2023
HIGH COURT
GHANA
CORAM
The Appellant herein Jacob Odum currently a convict, was charged with
the offense of Conspiracy to commit robbery under sections 23(1) and 149 of the
criminal offenses Act, 1960 (Act 29) and Robbery under section 149 of the criminal
offenses Act, 1960 (Act 29) as amended. However, two other persons who were alleged
to have committed the offenses of Conspiracy and Robbery are still at large.
The Appellant was arraigned before the Circuit Court Ofaakor in the Central Region of
Ghana on the 8th of January 2020 where the Appellant pleaded guilty on his own plea
on both counts.
Having pleaded guilty on his own plea on both counts (one and two) the Appellant was
accordingly convicted and sentenced to fifteen (15) years IHL on each count to run
concurrently.
With the period for appeal ordinarily elapsed, but that notwithstanding, the Appellant
invoked the jurisdiction of this court pursuant to Section 325 (2) which states thus:
(2) The High Court may for good cause admit an appeal though the period of limitation
prescribed by this section has elapsed.
On the strength of s 325 (2) of Act 30, the Appellant’s application and prayer to this
court to lift the time limitation for appeal to enable him appeal against his conviction
and sentence was granted on the 15th day of September, 2021, hence this appeal.
BRIEF FACT OF THE CASE
The complainant Christian Hlordjie is a driver age 47 and a resident of Fiifi, a suburb of
Gomoa Nyanyano. Accused JocobOdum is a Hebalist residing at cemetery junction,
Winneba. On the 5th day March 2017 about 8:30pm, the complainant who owns an ash
and yellow Hyundai Atos taxi cab with registration No. GW8872-17 was intercepted by
accused and his accomplices, Kwame Charles now a convict, two others and a lady who
are currently at large, hired his services from Kasoa to Nyanyano. On reaching the
Nyanyano curve, accused and his accomplices attacked the complainant with a knife
and held his neck from behind. Complainant struggled with them and managed to ran
away, but accused and his accomplices chased and caught him back into the taxi and
beat him mercilessly, cut his right arm with a knife, used a veil to cover his eyes and
drove him all the way to Nsuoakyere, a suburb of Winneba and dumped him on the
roadside and sped off the car valued at GHC24,000.00 including his Samsung mobile
phone valued at GHC80.00 and cash the sum of GHC40.00. A complaint was made to
the police and a medical form was prepared and issu
AI Generated Summary
At the High Court, Winneba, Justice Aboagye Tandoh heard Jacob Odum’s out-of-time appeal under section 325(2) of Act 30 challenging convictions entered by the Circuit Court, Ofaakor after Odum pleaded guilty to conspiracy and robbery. The prosecution’s facts described a March 5, 2017 attack on driver Christian Hlordjie near Nyanyano using a knife, blindfolding him, and stealing his Hyundai taxi, phone, and cash. Odum argued his plea was coerced and that robbery was not proved; he also sought leniency as a young first offender. Applying the rehearing standard, the burden of proof, the statutory elements of robbery, and the conspiracy rule requiring prior agreement, the court set aside the conspiracy conviction but affirmed the robbery conviction and the statutory minimum 15-year sentence based on use of an offensive weapon.