KOFI ADOMAKO @ ASCONA v. REPUBLIC

JUDGMENT

AYEBI J.A.

1. The appellant and two others were arraigned before the High Court, Kumasi on two counts of conspiracy to commit robbery contrary to sections 23(1) and 149 of Act 29/60 as amended by Act 646 and robbery contrary to section 149 of Act 29/60 as amended by Act 646.

2. At the trial, the first accused and appellant as the second accused were present. They pleaded guilty simpliciter to the counts. The two were convicted on their own plea. They were each sentenced to twenty-one (21) years IHL on each count, both to run concurrently.

3. Aggrieved by the sentence, appellant petitioned this court to review it on the following grounds:

(a) The appellant did not appreciate or understand the charge or procedure and thus pleaded guilty by mistake.

(b) The custodial sentence of twenty-one (21) years with hard labour is harsh and excessive for a first time offender.

(c) The court did not consider the part played by each of the accused persons.

4. The complainant in the case is Kwabena Adjei, the caretaker of the cocoa farm for one Francis Amponsah. On 31/05/06 the complainant was going to his farm owner at Dichemso in the company of his daughter. The complainant carried a small bag containing one million cedis (GH¢100.00), a bottle of olive oil, a sponge and a Cocoa/coffee Farmers Association passbook belonging to Francis Amponsah his farm owner.

5. On the way, the three accused persons confronted him. The appellant herein held the complainant and demanded that he surrendered the bag. The complainant resisted and a struggle ensued between them. In his attempt to help the appellant to snatch the bag, the first accused attempted to stab the stomach of the complainant with a kitchen knife. The complainant blocked the knife with his hand and in the process had a cut on his wrist. The third accused then forcibly snatched the bag and ran away. The others also followed suit.

6. But some boys saw the accused and traced them to their hideout and found a sponge and Cocoa Farmers Association passbook with the first accused and appellant herein. The knife with blood stains was found on the first accused. The first accused and the appellant herein were arrested and handed over to the police. The third accused could not be arrested to stand trial.

7. In arguing the grounds of appeal, appellant abandoned ground (a). I will however like to discuss ground (c) first before ground (b). In ground (c), the appellant’s complaint is that the trial judge,