KWEKU QUAYE v. THE REPUBLIC
2021
SUPREME COURT
GHANA
CORAM
- APPAU, JSC (PRESIDING)
- OWUSU (MS.), JSC
- LOVELACE-JOHNSON (MS.), JSC
- AMADU, JSC
- PROF. MENSA-BONSU (MRS.), JSC
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana reviewed an appeal arising from a 2002 armed robbery at the Cape Coast residence of an Anglican priest employed by the University of Cape Coast. Intruders armed with guns and cutlasses broke into the main house, where an unmasked assailant in camouflage shorts and a black tee fired two shots into the priest’s thighs and later a third shot to his stomach while accomplices demanded church funds intended for land acquisition in Tema. The priest immediately identified the unmasked attacker, known as ‘Togbe’, at the Cape Coast police station and later identified the same black tee and cap. The High Court convicted the appellant and imposed 45 years; the Court of Appeal affirmed but reduced to 40 years. Addressing missing trial records, prima facie standards, identification reliability, single-witness sufficiency, and sentencing principles, the Supreme Court affirmed the conviction but reduced the sentence to 30 years’ imprisonment with hard labour, emphasizing aggravation yet moderating harshness.
JUDGMENT
PROF. MENSA-BONSU (MRS.) JSC:-
This is an appeal against conviction, and in the alternative, against sentence, for a crime of robbery committed in February 2002. The High Court, Cape Coast, tried and convicted the appellant on 27th July, 2005 and sentenced the accused to 45 years imprisonment with hard labour. An appeal to the Court of Appeal some nine years later affirmed the conviction by the High Court on 24th May, 2016, but reduced the 45-year sentence imposed to 40 years.
FACTS
At about 1 a.m. on 9th February 2002, some intruders invaded the residence in Cape Coast, of an Anglican Priest, who was also an employee of University of Cape Coast. Their arrival at the premises was heralded by gunfire and loud noise. They were armed with guns and cutlasses and numbered about seven or eight. The purpose of their intrusion was to steal some money that had been given to the priest to purchase a plot of land for another Anglican Church at Tema. The intruders first went to the Outhouse (Boys Quarters) occupied by the house help of the Priest, threatened him with cutlasses, and was so put in fear of his life, that he screamed for help from the Priest. The Priest and other occupants of the main house who had been woken up by the noise, also started screaming for assistance from the neighbours, but no help came. They scrambled for hiding places in the house, and so some took refuge in the toilet. The intruders broke down the door of the building by smashing it with cement blocks, and then three of the intruders entered. Two wore mask, but one, who was dressed in military “camouflage” shorts, a black Tee shirt, boots and cap, was not masked. He carried a pistol and torch. One of the masked ones kicked the priest from behind and asked “Where is the money, where is the money?” The robber, who was not masked, fired two shots at the priest, wounding him in both thighs. Those outside shouted back that they were not to kill the priest but to only take the money. In the course of these events, the priest heard the person who shot him being referred to by the name ‘Togbe’. He was then made to lead them to his bedroom, which the robbers ransacked for the money, as well as other items. When leaving, the robber, who had fired the two shots, fired a third shot at his stomach. He fell down, groaned and played dead. The robbers then left, taking with them the following items:
1. 18 Million cedis
2. $100 note
3. $5 note
4. One wrist watch
5. A bottle of perfu