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JUDGMENT
This is a judgment delivered pursuant to a Petition of Appeal filed on 11th December 2024, on behalf of the above named Appellant by the Prison Teacher. The appeal was filed pursuant to leave granted to file appeal out of time by the High Court on the 7th November 2024.
The Appeal is against the conviction and sentence of the Appellant on one count Robbery contrary to Section 149 of the Criminal Offences Act, 1960 (Act 29). The Appellant was convicted on his own plea of guilty on the 18th March 2022 by the Circuit Court, Juaso in the Ashanti Region presided over by Her Honor Nana Asantewaa Atakorah to fifteen (15) years IHL on.
THE GROUNDS OF APPEAL
The ground of appeal are for the Court to set aside the conviction of the Appellant or in the alternative maintain the conviction but reduce the sentence to the barest minimum. Further grounds filed were that:
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The conviction of the Appellant for the offence of Robbery and the subsequent sentencing of 15years has occasioned a miscarriage of justice based on a careful analysis of the brief facts.
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The Honourable Court should reduce the sentence in the alternative since same is harsh.
FACTS OF THE CASE
The facts as presented to the trial Court was that the complainant in the case Enoch Owusu is a driver and lives at Juaso whiles Accused, Lawrence Amankwah is a scrap dealer also residing at Konongo. On the 16th March 2022 about 12:30pm. The complainant’s son Frederick Owusu aged 12years and a student was holding his father’s iPhone valued GHC1,500.00. The Accused saw the victim climbing a mango tree inside Juaso Government Hospital, Accused person approached the victim and told him to get him water to drink. The victim set off to get the Accused person the water. The Accused person pulled a short cutlass and placed it on the throat of the victim and ordered him to handover the iPhone to him.
Accused put his hand into the victim’s pocket and robbed him off the iPhone. Accused bolted to Konongo leaving the cutlass and sack he was holding at the scene. A report was made to Juaso Police for investigation. The phone was tracked and on 17th March 2022 about 6:30am, the Accused person was arrested and the iPhone was retrieved from the Accused person. The short cutlass and the sack were also retrieved at the scene when the Accused person led Police to the scene of crime.
SUBMISSION OF THE APPELLANT
It has been submitted and conceded by the Appellant in his hand written arguments filed on