KWAME AMEYOME v. THE REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- V. OFOE, J.A (Presiding)
- J. A. BARTELS-KODWO, J.A
- S. R. BERNASKO ESSAH, J.A
Areas of Law
- Criminal Law and Procedure
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Kwame Ameyome, a taxi driver, was charged in the Circuit Court, Tema with robbery under section 149 of the Criminal Offences Act after a fare dispute with businessman Ben Mensah in Prampram. Following an altercation in which Mensah used a dagger and Ameyome sustained serious injuries and was hospitalized, Ameyome, unrepresented, later pleaded 'guilty with explanation,' stating he only intended to retrieve his fare from Mensah’s wallet. The trial judge convicted him and imposed a 45‑year sentence, later reduced by the High Court, Koforidua to 20 years. On appeal, the Court of Appeal, per J.A. Bartels-Kodwo, scrutinized the plea and facts, applied the statutory definition of robbery and procedural standards for accepting guilty pleas, found a miscarriage of justice and declared the conviction and sentence a nullity, discharging Ameyome.
J U D G M E N T
BARTELS-KODWO, J.A:
On the 30th October, 2020 this court discharged the Appellant from the charges which had been proffered against him. This is our judgment giving reasons for that decision.
The Appellant was charged with the offence of Robbery contrary to section 149 of the Criminal Offences Act, 1960.The particulars of the offence read that:
“Kwame Ameyome- Driver 28, for that you on the 4th March, 2008 at Prampram in the Tema Municipality and within the jurisdiction of this court attempted to rob Ben Mensah, a businessman.”
The facts presented by the prosecution are that; the complainant Ben Mensah is a businessman residing at Nungua. He hired the services of the Appellant taxi driver to take him to Prampram at an agreed fare of Ghc20.00. At the destination the complainant opened his wallet and realized he did not have Ghana Cedis to pay the Appellant but rather foreign currency. He therefore called a friend on his mobile phone to bring him money to defray the bill. After a while the Appellant was angry and started demanding his money. When the complainant was not paying his money the Appellant pounced on the wallet and a struggle ensued between them but the complainant on the defensive removed a dagger and slashed and inflicted cutlass wounds on the Appellant. In fact the Appellant’s right ear was slashed in the process. The Appellant then entered his taxi cab and drove to the Tema General Hospital for treatment. He was admitted for treatment. He remained on admission at the hospital for two weeks before he was discharged. When he was discharged he was escorted from the hospital and placed in Police cells and after what was termed ‘thorough investigations’ he was charged with the offence of robbery and arraigned before the trial Circuit Court, Tema.
The appellant remained in custody for 5 months and was later put before court on 27th August, 2008 without any legal representation. He intimated to the court through the prosecutor he wanted to plead guilty to the charge ignorant of the repercussions of such a plea. He was again remanded to re-appear on 24th of September, 2008 he however remained in custody without trial until 25th November, 2014 when he was eventually put before court and his plea taken. He pleaded guilty with explanation as follows:
“My reason for behaving that way was because the man was having more than one million Ghana, but spent all in drinking spot, knowing very well that he had hired my car and had to pay.