MICHAEL GYASI v. REPUBLIC
2013
COURT OF APPEAL
GHANA
CORAM
- DUOSE, JA (PRESIDING)
- ACQUAYE, JA
- DZAMEFE, JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant and three others faced charges of conspiracy and robbery after attacking the complainant and stealing various items. The trial included conflicting testimonies and evidence linking the stolen items to the accused. The high court found the appellant and two others guilty, sentencing them to 20 years in prison. The appellant appealed, contesting the conviction and severity of the sentence. On appeal, previous legal principles underpinning conspiracy, robbery, and weight of evidence were examined. The appellate court affirmed the trial court's decision, finding sufficient evidence of conspiracy and robbery, and upheld the 20-year sentence, concluding the judgment was adequately supported by the evidence.
JUDGMENT
DZAMEFE, JA
The appellant with three others were charged with two counts of conspiracy and robbery contrary to Section 23 and 149 of the Criminal Code, 29, 1960 and Robbery contrary to Section 149 of the Criminal Code Act 29, 1960.
The facts as presented by prosecution are that on 7th September 2005 at about 9.30pm the complainant Kofi Samson and his driver in charge Hyundai Taxi cab with registration number GT 7960 G found the road between Abam and Abodom in the Kwabibrem District blocked with firewood. The driver decided to drive through and there was a gun fire that made him stop. Four men armed with short guns emerged to attack them. The men collected one mobile phone and cash of Gh¢25,000 from them. They also removed the radio and battery from the car.
On 26th October 2005, the mobile phone, the radio and the battery were all traced to the appellant Michael Gyasi and one Faustina Amponsah. The appellant when questioned admitted the offence and mentioned the names of the other three accused persons. Augustine Addo Adjei also admitted the offence by indicating that he robbed with the appellant on two other occasions. Prosecution told the court, while in custody appellant and 2nd accused escaped from lawful custody but were re-arrested, arraigned before court, convicted and sentenced to 18 months 1HL before the commencement of the robbery trial.
Prosecution to establish its case called four (4) witnesses. Kofi Sampson the 1st prosecution witness told the court he is a computer technician living at Kade and knows the appellant and 3rd accused. He said on 7th September 2005 at about 9.30pm he and his driver were returning from Asuom and on reaching Abodom saw that the road was blocked with firewood. They saw two men standing by the firewood one holding a gun. The driver hit the firewood with the car and the gun was fired. The car swerved into a plantain farm there and hit a pole and the driver opened his door and took to his heels. The driver is called Attakora. The registration number of the car is GT 7960 C. He said before he could open his door the men rushed on him and ordered him to raise up his hands.
They took him to a nearby cocoa farm and started searching his body. He identified the two men as Appellant and 3rd accused. They took away his mobile phone, Gh¢25,000 and ordered him to remove his dress and lie on the ground. He said appellant was the one who searched him and took the phone and money from him. Appellant then went to remo