JOSEPH BAIDOO v. REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- S. K. MARFUL-SAU, JA –PRESIDING
- A. M. DORDZIE J.A.
- M. WELBOURNE JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Joseph Baidoo was convicted of multiple counts of robbery for an armed attack on the Atsiatome family's home in Accra, during which several items were stolen and Mrs. Atsiatome was raped. The conviction was based on direct evidence from the victims and items found in the possession of the accused. The appeal was dismissed, as the court found no merit in the claims of flawed identification or failure to investigate an alibi. The High Court's jurisdiction to hear the case was also upheld.
JUDGMENT
A M. DORDZIE JA:
FACTS:
On the 29th of September 2008 at Batsona a suburb of Accra a group of armed robbers attacked a house occupied by a family of five. Louise Doe Atsiatome owns the said house, he lived in the said house with his wife and 3 children. At about 12.30 am to 2 am they were held at gun point whiles the robbers 3 in number one of them wearing a mask ransacked the rooms in the house and made away with a number of electronic devices belonging to the family. The mother of the family Mrs. Atsiatome was sexually attacked and was mercilessly raped in turns by two of the robbers who were not masked.
Investigations led to the arrest of Joseph Baidoo the appellant herein and Ekene Anozie. They were initially arraigned before the Circuit Court Tema where their trial commenced, the Circuit Court however by its notes at page 409 of the record of appeal declined jurisdiction since it does not have jurisdiction to try the offence of rape and advised the prosecution to seek advice of the Attorney General.
Subsequently the accused persons were arraigned before the Fast Track Division of the High Court Accra charged on six counts of the offences of conspiracy to commit robbery and robbery.
The charge sheet reads as follows:
Count One
Statement of offence
Conspiracy to commit crime namely robbery contrary to sections 23(1) and 149 of the Criminal offences Act, 1960, Act 29 as amended by the Criminal Offences (Amendment) Act, 2003, Act 646
Particulars of Offence
1. Joseph Baidoo, trader 2. Ekene Anozie ICT operator, with one other on the run, on or about the 29th day of September 2008 at about 12:30 am at Batsona, Accra agreed to act together with a common purpose to commit a crime namely robbery.
Count Two
Statement of offence
Robbery contrary to section 149 of the Criminal Offences Act 1960, Act 29 as amended by the Criminal Offences (Amendment) Act 2003, Act 646
Particulars of Offence
1. Joseph Baidoo, trader 2. Ekene Anozie ICT operator, with one other on the run on or about the 29th day of September 2008 at about 12:30 am at Batsona, Accra, armed with guns with force stole 1 ACER laptop valued at GHc1,000, a wedding band worth Ghc200, 1 mobile phone valued at GHc200 and cash of GHc500 belonging to Louis Doe Atsiatome
Count Three
Statement of Offence
Robbery contrary to section 149 of the Criminal Offences Act 1960, Act 29 as amended by the Criminal Offences (Amendment) Act 2003, Act 646
Particulars of Offence
1. Joseph Baid