KAMAL MOHAMMED v. THE REPUBLIC
2022
COURT OF APPEAL
GHANA
CORAM
- IRENE CHARITY LARBI (MRS.) JA (PRESIDING)
- GEORGINA MENSAH-DATSA (MRS.) JA
- YAW DARKO ASARE JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal (Ghana), per Georgina Mensah-Datsa JA, dismissed Kamal Mohammed’s appeal from the High Court, Tarkwa, which had affirmed his conviction by the Circuit Court, Tarkwa, for conspiracy to commit robbery and robbery under Sections 23(1) and 149 of Act 29. The prosecution proved that in the early hours of 21 September 2012, Mohammed (A1) and others assaulted an employee, escorted him to gold buyer Moses Anderson’s home at Kedadwen, and robbed Anderson of cash and gold. Although the police identification parade used fewer than the required eight participants under Police Regulations, the court found no miscarriage because eyewitnesses had already identified and caused Mohammed’s arrest and the robbers were unmasked. The court rejected Mohammed’s alibi, deferred to the trial judge’s credibility findings, held that conspiracy was shown by the accused acting together, and affirmed the 15-year concurrent sentences. Irene Charity Larbi JA (Presiding) and Yaw Darko Asare JA concurred.
GEORGINA MENSAH-DATSA (MRS.) JA
This is an appeal from the decision of the High Court, Tarkwa dated 31st March, 2017 affirming the judgment of the Circuit Court, Tarkwa dated 24th July, 2014 which convicted the Appellant and others of the offences of conspiracy to commit crime, to wit, robbery and robbery contrary to Sections 23(1) and 149 of the Criminal Offences Act, 1960 (Act 29) as amended by Act 646 of 2003.
The Appellant was sentenced to 15 years imprisonment I.H.L. on both counts to run concurrently. He was dissatisfied with the decision and appealed to the High Court, Tarkwa which affirmed the judgment of the Circuit Court, Tarkwa.
The Appellant was dissatisfied with the said decision hence this appeal.
The grounds of appeal are as follows:
1. The identification parade conducted by the Police was contrary to law and procedure and same caused substantial miscarriage of justice.
2. The judgment of both the trial Court and the High Court cannot be supported having regard to the evidence of record.
The relief sought is an Order setting aside and or quashing the conviction of the convict/Appellant.
The Appellant (then first accused, A1) was arraigned with others before the Circuit Court, Tarkwa on three counts, as follows, count 1, conspiracy to commit crime, to wit, robbery, and two counts of robbery contrary to Sections 23(1) and 149 of the Criminal Offences Act, 1960 (Act 29) as amended by Act 646 of 2003.
The facts of this case as presented by the Prosecution are that the complainant Moses Anderson is a gold buyer at Kedadwen near Nsuaem whilst accused persons Kamal Mohammed, 1st accused (A1), unemployed, Abdul Razack Musah alias Awudu, 2nd accused (A2) is a driver and Kari Yoda alias Kalusha, 3rd accused (A3) dealt in galamsey. On 21st September, 2012, at about 1.00am, the accused persons with five others at large armed with weapons went to the complainant’s uncompleted building where his workers are lodging. They forced the door open, entered the room and robbed one Apeweh Beyepuna alias Kwaku Grushie of his two Nokoe (sic) phones valued GH¢115.00 and cash of GH¢475.00. The accused persons and their accomplices also inflicted cutlass wounds on Apeweh Beyepuna’s forehead and later escorted him at gun point to the complainant’s place of abode which is about 300 meters away. At the complainant’s place of abode, the accused persons used a local grinding stone to hit the doors and forced them open, entered and ordered him to surrender all hi