KWABENA MENSAH v. REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
- A. B. POKU-ACHEAMPONG, J. A.
- S. K. A. ASIEDU, J. A
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Justice A. B. Poku-Acheampong with Justices A. M. Domakyaareh and S. K. A. Asiedu concurring, reviewed Kwabena Mensah’s appeal from the Wenchi High Court. Mensah had been convicted of robbing trader Takyi Samuel at knife-point after posing as a soldier on the orders of Techiman chief Nana Bosomfuor, taking GH¢225 and a Sony Ericsson phone. The court canvassed proof beyond reasonable doubt and robbery’s statutory elements, finding the prosecution’s evidence—PW1 and PW2’s credible testimony, PW3’s recovery of Samuel’s phone containing his photos, and exhibits including a knife and camouflage shirt—decisive. Mensah’s alibi was investigated but undermined by contradictions and Isaac’s flight. On sentence, applying Article 14(6) and Bosso, the court held the trial judge erred by ignoring pretrial custody; constrained by a statutory minimum of 15 years, it reduced the sentence from 20 to 18 years while affirming the conviction.
J U D G M E N T
POKU-ACHEAMPONG, J.A.:
This appeal emanates from the Wenchi High Court in respect of a robbery case in which the Learned Trial Judge in a judgment dated 28/7/11 sentenced the Accused to a term of 20 years I.H.L.
The statement of offence in the case is as follows:
ROBBERY: Contrary to Section 149 of the Criminal Offences Act 1960, (Act 29).
Particulars of Offence:
Kwabena Mensah, Trader: That you, on or about the 1st day of October, 2009 at about 1:30 a.m. at Techiman in the Brong Ahafo Region did rob Takyi Samuel a trader in Second hand footwear, at knife point of an amount of GH225.00 and a Sony Ericsson Mobile Phone valued at GH¢30.00.
Facts:
The facts of the case as presented by the Prosecution were as follows:
In the early hours of 1st October 2009 around 1.30 a.m. the Complainant was on his way to the Kumasi Lorry Station in Techiman when he was accosted by the Accused at a point. The Accused was dressed in military uniform and boots. He introduced himself to the Complainant as a soldier and ordered him to stop. He then held the waist of the Complainant’s trousers and pulled him. The Complainant responded by shouting. The shouts were heard by the 2nd Prosecution witness behind whose window the confrontation took place. The PW2 opened his window to find out what the issue was. The Accused introduced himself to PW2 as a soldier who had been instructed by one Nana Bosomfuor, a chief at Techiman to patrol the area and arrest suspected thieves. He said he suspected the Complainant to be a thief.
The PW2 according to the Prosecution then advised the Accused to take the suspect to the Police Station for the Police to handle the matter and then shut his window and went back to sleep.
The Accused and Complainant moved on a few meters from this point into a dark area. The Accused then pulled out a kitchen knife and ordered the Complainant to surrender all the items and money he had on him. The Accused robbed the Complainant of ¢225.00 and a Sony Ericson Mobile Phone and bolted away. The Complainant went to report the incident at the Police Station.
He was asked to come back later in the day to give a statement. When he returned to the Police Station he saw the Accused behind the counter and identified him as the one who had robbed him at dawn.
The Police carried out the necessary investigations and the Accused was arraigned before the High Court charged with robbery. He was tried and convicted and sentenced to 20 years I.H.L.
Defen