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
V.J.M. Dotse JSC delivered the unanimous judgment of the Ghana Supreme Court dismissing the further appeal by Mammoud Mohammed (A1) from the Court of Appeal’s affirmance of his High Court conviction for conspiracy to rob and robbery arising from a violent home invasion at Lotto Kiosk, Adenta on 25 February 2008. The Court recounted evidence from victims Alex Adu (PW1), his fiancée Janet Otchere (PW2), and houseboy Atta Kwabena (PW3), each of whom recognized and later identified Mohammed during a police lineup, and described coordinated actions by the group including theft of electronics and cash and sexual assault on PW2. On appeal, counsel challenged the identification parade’s propriety and hospital encounters, but the Court found no evidence of irregularities, credited the quality of eyewitness identifications under Turnbull and Phipson principles, and agreed that any wrongly admitted hearsay did not cause miscarriage of justice. Invoking Act 459 section 30(a)(ii), the Supreme Court maintained the 40-year sentence and affirmed the Court of Appeal.
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