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December 7, 2023
COURT OF APPEAL
GHANA
GIFTY AGYEI ADDO, JA
INTRODUCTION
My Lords, the principal issues that we are confronted with in this appeal are whether or not the offence for which the Appellant herein was charged and arraigned before the trial court is supported by the facts as presented by the prosecution and also, whether the trial court was right in rejecting the explanation added to the Appellant' s plea of guilty with explanation and entering a guilty plea for the Appellant. These issues, were answered in the affirmative by the first Appellate Court. Dissatisfied with the position taken, the Appellant has further supplicated before us.
BACKGROUND AND FACTS
The Appellant, together with four others, were arraigned before the Circuit Court, Tarkwa, on charges of conspiracy to commit robbery contrary to Section 23 and 149 of the Criminal Offences Act, 1960 (Act 29) and robbery contrary to Section 149 of Act 29 .
CONVICTION AND SENTENCE BY THE TRIAL COURT
At the trial, the Appellant pleaded guilty with explanation. His explanation was rejected by the trial court and in consequence, he was convicted for the crimes. He was sentenced to sixty (60) years in hard labour on each count to run concurrently.
The trial judge pronounced as follows:
The explanation of A1 is rejected. He is convicted on counts 1 and 2 and sentenced to 60 years IHL on each count to run concurrently. In sentencing the Accused I have taken into accounts the circumstances of the case and the upsurge in robbery cases of late and the need to help people have the accused away for long time so that the law abiding citizens will live in peace.
APPEAL TO THE HIGH COURT
Per a petition of Appeal dated 11 th March 2022, the Appellant appealed against the conviction and sentence by the trial court to the High Court, Accra. On the following grounds:
(i) The trial Judge erred by convicting the Appellant on his explanation which did not amount to guilty.
(ii) That the conviction is not supported by the evidence on record.
(iii) That the trial Judge failed to consider Appellant as a first time and young offender as mitigating factor in imposing the sentence.
(iv) That the sentence imposed on the Appellant is harsh and excessive in all the circumstance of the case.
In a judgment delivered on the 29 th day of June 2022, the High Court dismissed the appeal in its entirety. At pages 4 and 5 of the decision, found at pages 34 to 35 of the Record of Appeal, the court reasoned as follows:
In his written submission Appellant
AI Generated Summary
The Court of Appeal, per Gifty Agyei Addo JA, reviewed the conviction of the Appellant, who, along with others, had been charged at the Circuit Court, Tarkwa, with conspiracy and robbery after a farm worker robbery at Boamah village near Ahwetieso involving complainant Salamatu Abdullai. The trial court rejected the Appellant’s “guilty with explanation” plea, convicted him, and imposed sixty years’ imprisonment on each count, affirmed by the High Court, Accra. On further appeal, the Court of Appeal held the prosecution’s narrative did not place the Appellant at the scene or show his participation, and his explanation—money voluntarily given—negated the essential element of stealing under Section 150 of Act 29. Citing Act 30 sections 171 and 199 and authorities (Nokwe, Kofi Dargati, Golathan, Field, Fiadjoe, Benjamin Dankwah), the Court found a mis-trial and set aside the conviction and sentence, discharging the Appellant without retrial given the lack of factual basis and thirteen years’ wrongful incarceration. Justice Anthony Oppong JA concurred, emphasizing careful assessment and recording of pleas with explanations.