MAHMOUD MOHAMED v. REPUBLIC
2019
SUPREME COURT
GHANA
CORAM
- DOTSE, JSC (PRESIDING)
- BAFFOE-BONNIE, JSC
- MARFUL-SAU, JSC
- DORDZIE, JSC
- AMEGATCHER, JSC
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2019
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The appellant appealed his conviction and sentence for conspiracy to commit robbery and robbery, challenging the identification process and the sufficiency of evidence. The Supreme Court reviewed the procedural history and the evidence on record, including witness testimonies and proper identification procedures. The Court cited several precedent cases and legal principles pertaining to the sufficiency of evidence, the role of accomplices, and standards for identification. Affirming the decisions of the lower courts, the Supreme Court found no basis to overturn the conviction or alter the 40-year sentence, concluding there was overwhelming evidence against the appellant.
JUDGMENT
THE UNANIMOUS JUDGMENT OF THE COURT IS READ BY DOTSE JSC, AS FOLLOWS-:
DOTSE JSC
This is an appeal by the appellant against the unanimous judgment of the Court of Appeal, coram: Kanyoke (of blessed memory), Mariama Owusu and Cecilia Sowah (Mrs) JJA, dated the 27th day of March 2015 wherein an appeal by the appellant against the High Court decision dated 14th day of October, 2011 which convicted him among others of the offences of Conspiracy to commit Robbery and Robbery contrary to Sections 23 (1) and 149 of the Criminal and Other Offences Act, 1960 Act 29 was dismissed by the Court of Appeal
Out of abundance of caution, the following are the statements of offence and particulars of the two counts that the appellant was tried and convicted upon by the High Court, presided over by Quist J on 14th October 2011.
COUNT ONE
STATEMENT OF OFFENCE
Conspiracy to Rob: Contrary to Section 23 (1) and 149 of The Criminal Offences Act, 1960 (Act 29)
Particulars of Offence
(1) Mamoud Mohammed (2) Ayitey Sackey (3) Richard Boahene Quaye (4) Yintimani Saman @PDD @ Burger (5) Ahmed Tijani @ Charles Taylor for that you on or about the 25th day of February, 2008 at Adenta Lotto Kiosk in the Greater Accra region and within the jurisdiction of this court did conspire or agreed together with a common purpose to commit crime to wit robbery.
COUNT TWO
Robbery: Contrary to Section 149 (1) of the Criminal Offences Act, 1960 (Act 29)
Particulars of Offence
(2) Mamoud Mohammed (2) Ayitey Sackey (3) Richard Boahene Quaye (4) Yintimani Saman @PDD @ Burger (5) Ahmed Tijani @ Charles Taylor for that you on or about the 25th day of February, 2008 at Adenta Lotto Kiosk in the Greater Accra region and within the jurisdiction of this court did use force and attack one Alex Adu a businessman resident in Adenta with cutlass and robbed him of one lap top computer valued at GH ¢1,500.00, 40 inch Plasma Television set valued GH¢4,000, six mobile phones valued at GH¢2,300, one Sony digital camera valued GH¢400 and cash the sum of GH¢12,300 all totaling GH¢20,500.
FACTS OF THE CASE
The complainant, Mr. Alex Adu (PWI) a businessman, was violently attacked at his home on 25/2/2008 at Lotto Kiosk, Adenta in Accra by a group of about six armed robbers. At the time of the attack, PWI Alex Adu was in the house with his fiancé, Janet Otchere (PW2), his daughter, his house boy, Atta Kwabena (PW3) and his driver, Kwasi Adjei @Farouk.
Three of the robbers broke through his kitchen doo