Kingsford Amoah @ Kwame Abaka v. The Republic

HONYENUGA J. A. The appellant, Kingsford Amoah alias Kwame Abaka was jointly tried with one Yaw Duodu in the High Court, Cape Coast. Both accused persons faced a common count of conspiracy to commit robbery contrary to section 23(1) and section 149 of the Criminal Act, Act 29 as amended by Act 646 of 2003 and the substantive offence of robbery contrary to section 149 of Act 29 the Criminal Act, 1960, Act 29. Both accused persons were convicted and sentenced to forty years on each count to run concurrently.

The second accused, Kingsford Amoah alias Kwame Abaka has appealed against his conviction and sentence.

The facts were that the accused persons who are farmers hatched a plan to snatch a taxi cab and so on the 29th June 2007, the two, armed with two knives contacted one Kwame Takyi, a driver of a Tico taxi cab and hired his services.

They directed the driver, now deceased, to convey them from Mankessim to Kromanmu to purchase Akpeteshie.

On reaching Kromanmu and after stopping for a while to conduct other businesses including making calls from a space-to-space operator, they further directed the driver to drive towards Mando.

Just about a kilometer from Kromanmu and towards Mando, they stopped the driver and lured him into the bush ostensibly to fetch the Akpeteshie from a cottage.

On reaching a spot, they inflicted fatal knife wounds on the driver and dragged him into the bush.

They then took the keys of the taxi cab and the sum of ¢120, 000. 00(GH¢12. 00) from him and sped off with the vehicle to Accra leaving the driver in the bush.

It was in the course of the transaction for the sale of the taxi that the two accused persons were arrested after notice of the missing taxi and the driver was relayed around.

The accused persons could not give any tangible reason for possessing the taxi cab which was reported missing and so they were arrested.

At the Police Station, the accused allegedly admitted the offence.

In the meantime, the driver of the taxi cab was found in the bush the next day dead with stabbed wounds.

The accused persons were accordingly charged with the offences of conspiracy and robbery before the High Court.

The appellant being aggrieved appealed against his conviction and sentence.

The grounds of appeal are: -(i) That the judgment is against the weight of evidence.

ii) Other grounds will be filed on the receipt of the record of proceedings.

No further grounds of appeal were filed.

Counsel for the accused relied on the sole