JOSHUA OTI ACHAMFOUR v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI, J.A. (PRESIDING)
- G. TORKORNOO (MRS), THEJ.A.
- A. M. DOMAKYAAREH (MRS), J.A
Areas of Law
- Criminal Law and Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Kumasi High Court convicted the appellant on charges of Conspiracy to commit Robbery and Attempt to commit Robbery, sentencing him to 15 years of imprisonment with hard labor on each count, to run concurrently. The appellant appealed on the grounds that the judgment wasn't supported by the evidence, that the court failed to consider the defense's case adequately, and that the prosecution did not prove guilt beyond a reasonable doubt. The appellate court dismissed the appeal, affirming the High Court's judgment, holding that the appellant's involvement in the planned robbery was evident from the facts, and that the defense's arguments did not cast reasonable doubt on the prosecution's case.
J U D G M E N T
DOMAKYAAREH (MRS), J. A.
1. This appeal is against the judgment of the Kumasi High Court, dated 19th October 2009. In the said judgment, the appellant, was convicted of Conspiracy to commit Robbery contrary to Sections 23(1) and 149 of Act 29/60 and Attempt to commit Robbery contrary to Sections 18(2) and 149 of Act 29/60. The appellant was then sentenced to 15 years Imprisonment with Hard Labour (IHL) on each count with the sentences to run concurrently.
2. There were five accused persons. The appellant was A2 the second accused. The prosecution subsequently entered a Nolle Prosequi in respect of the 3rd and 4th accused persons and they were accordingly discharged. A1 and A5 were convicted of the respective offences for which they were charged but they have not appealed.
The facts of the case are that the complainant is a businessman resident at Patase and is the uncle of the 1st and 5th accused, now convicts. They live at Pankrono. They had previously stayed with the complainant, their uncle for periods of up to ten years each. The 2nd accused, the appellant herein, is a son of a friend to the complainant. In December 2008, the 1st and 5th accused, nephews of the complainant planned to rob the complainant. In furtherance of the plan, the 1st accused contracted the 4th accused to assist in procuring persons who would commit the robbery. The 4th accused in turn informed the 3rd accused and later told them that he knew of an armed robber who had served sentence on the offence. The 3rd accused assured the 1st and 4th accused that he would get the assistance of the said ex-convict who became an informant to the Police by feigned interest. On 29th December 2008, the 1st, 3rd and 4th accused went to Abrepo junction where they met the ex-convict. There, the 1st accused formally engaged the ex-convict to assist them in the robbery. The 1st accused further asked the ex-convict to procure a gun to carry out the robbery. On 31st December 2008 the 1st and 2nd accused persons sat in the ex-convict informant’s taxi cab and went to survey. 12th January 2009 was fixed as the day on which the operation would take place knowing very well that the complainant would be bringing huge sums of money to the house. After everything had been planned, the informant went to the Police and informed them. The Police asked him to continue to feign interest so as to have the details of the operations. The Police informed the complainant about the plan but asked him