MOHAMMED SALO v. REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- CECILIA H. SOWAH, JA (PRESIDING)
- ANTHONY OPPONG, JA
- ANGELINA MENSAH-HOMIAH, JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This appeal arises from a conviction for conspiracy and multiple robberies in the High Court, Sekondi. Justice Anthony Oppong, JA, writing for the Court of Appeal, recounted that armed men blocked the road between Sefwi Boako and Sefwi Fawoman at dawn on 15 November 2011 and robbed traders traveling between Sefwi Wiawso and Kumasi. Only PW2 claimed to have seen the appellant with a gun, despite poor visibility and the absence of lighting. The court criticized the identification parade as highly prejudicial because accused persons bore visible marks of assault, making suggestive identification likely. The appellant advanced an alibi: he was at Ghana Commercial Bank in Sunyani on the date of the robbery; the police investigation of the alibi was inadequate, a point the respondent’s counsel conceded. Applying the Evidence Act’s reasonable-doubt burdens and the presumption of innocence, the court held the prosecution failed to prove identity beyond reasonable doubt, set aside the conviction, and acquitted the appellant. Two panel judges concurred.
J U D G M E N T
ANTHONY OPPONG, JA
The appellant with five others were arraigned before the High Court, Sekondi, with the offences of conspiracy to commit crime to wit, robbery contrary to sections 23(1) and 149 of Act 29/60 as amended by Act 646 and 12 counts of robbery contrary to section 149 of Act 29/60 as amended by Act 646.
The appellant pleaded not guilty to all the charges against him. However, after the trial, the trial High Court in a judgment dated 6th November, 2017 found at pages 302 to 360 of the record of appeal convicted him and sentenced him accordingly.
The appellant filed notice of appeal pursuant to leave of this court dated 23rd July 2019 found at page 423 of the record of appeal.
Before going into the merits or the demerits of the appeal we may look at the facts.
On the 15th November, 2011, at about 4.30 a.m., a group of persons armed with guns and cutlasses blocked the motor road between Sefwi Boako and Sefwi Fawoman with logs and blocks and attacked traders who were travelling between Sefwi Wiawso and Kumasi. The armed men were alleged to have taken from the travelers several thousands of cedis, mobile phones and other valuables.
Before the police, who got information as to what was happening, got there the robbers had fled. However, upon a search at the scene of the crime, the police found empty cartridges, logs and blocks used by the robbers to block the road. It was further alleged that after the robbery four of the robbers including the appellant checked into a hotel at Sefwi Boako. However, the appellant who was the third accused at the trial was arrested together with others while they were in a taxi the next day. Appellant was identified by one of the victims of the offence in an identification parade.
The grounds upon which this petition by way of the appeal has been brought before this court were stated as follows:
(a) The verdict cannot be supported having regard to the evidence on record
(b) The sentence is harsh and excessive having regard to all circumstances of the case
In a criminal case, it is trite that it is the duty of the prosecution to prove the guilt of the accused beyond reasonable doubt. The Constitution, 1992 provides that “ a person charged with a criminal offence shall be presumed to be innocent”. The accused person need not establish his innocence; it is the prosecution who have to establish the guilt of the accused and the standard of proof imposed on the prosecution by law is to prove the gui