KWAKU FRIMPONG v. THE REPUBLIC
2012
SUPREME COURT
GHANA
CORAM
- BROBBEY JSC (PRESIDING)
- ADINYIRA (MRS)JSC
- OWUSU (MS) JSC
- DOTSE JSC
- GBADEGBE JSC
Areas of Law
- Criminal Law and Procedure
- Evidence Law
- Constitutional Law
2012
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The appellant and three others were convicted of conspiracy and robbery by the High Court in Accra and sentenced to 65 years each. The Court of Appeal upheld the conviction and sentence. On further appeal, the Supreme Court found the confession statements were voluntarily given and admissible, and that the trial court and the Court of Appeal had appropriately evaluated the evidence and defendant's defense. The Supreme Court reduced the sentence to 30 years for each count to run concurrently, considering the period the appellant spent in custody before the trial. Thus, the conviction was upheld, but the sentence was mitigated.
J U D G M E N T
INTRODUCTION
JONES DOTSE JSC:
The appellant herein and three others were tried and convicted by the High Court, Fast Track Division, Accra on the following charge sheet:
Count One
Conspiracy to commit crime namely robbery contrary to sections 23 and 149 of the Criminal Code 1960 Act 29 as amended by Act 646, 2003.
Particulars of Offence
Kwaku Frimpong a.k.a Iboman, Ernest Ababio a.k.a Blackie, Daniel Amewu a.k.a Coffie and Raymond Kwasi Wilson on 23rd April, 2002 at about 2.30am you did act together to rob, Albert Mawusi Biga’s BMW No. GR 2158Q and other items in his house at Lashibi within the jurisdiction of this court.
Count Two
Statement of Offence
Robbery, contrary to section 149 of the Criminal Code 1960, Act 29 as amended by Act 646, 2003
Particulars of Offence
Kwaku Frimpong a.k.a Iboman, Ernest Ababio a.k.a Blackie, Daniel Amewu a.k.a Coffie and Raymond Kwasi Wilson on 23rd April 2003 at about 2.30 am you did rob Albert Mawusi Biga’s BMW No GR 2158Q and other items in his house at Lashibi in the Greater Accra Region and within the jurisdiction of this court.
and sentenced to a term of imprisonment for 65 years on each count with hard labour.
On the 23rd day of October 2008 the Court of Appeal dismissed an appeal lodged by the appellant against the conviction and sentence of the High Court.
Following that dismissal, the appellant filed this appeal to this court with the following as grounds of appeal:
GROUNDS OF APPEAL
a. That the Court of Appeal failed to properly evaluate the evidence which formed the basis for the conviction of the appellant by the trial court.
b. That the dismissal by the court of Appeal of Appellant’s appeal was unreasonable and occasioned the Appellant a substantial miscarriage of justice.
c. That the Court of Appeal and the trial court failed to give adequate and proper consideration by appellant’s defence.
d. That the Court of Appeal ought to have mitigated the sentence imposed on appellant by the trial court.
BRIEF FACTS
The undisputed facts before the trial High Court are that, on the 23rd day of April 2002 the appellant and his three accomplices armed with a gun and other offensive weapons attacked the residence of PW1 and PW2, namely Albert Mawusi Biga and Ebo Jackson at Lashibi a suburb of Accra. Under threat of death, the appellant and his group managed to procure the keys to a BMW 5 series car belonging to PW1. It was into this BMW car that some electrical gadgets including two T