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OSEI EMMANUEL @ EMMA v. THE REPUBLIC

2018

COURT OF APPEAL

GHANA

CORAM

  • HENRY A. KWOFIE
  • VICTOR OFOE J.A.
  • IRENE CHARITY LARBI (MRS)

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

This criminal appeal from the High Court, Accra, concerns the conviction and sentence of an appellant for conspiracy to commit robbery and robbery. The prosecution’s case, accepted by the trial court, was that complainant Derrick Hope Gidzi, a computer software engineer living at SSNIT Flats, Dome, and his fiancé Patience Owusu were attacked at about 1:00 a.m. on 23 September 2012 by four men, including the appellant, who dragged them from their Toyota Hilux, took their electronic devices and drove off with the vehicle. Police used tracking to locate suspects at the Neoplan/VIP bus station; A1 and the appellant were arrested and Patience’s iPad was found on the appellant. PW1 and PW2 identified the appellant during the attack and at the station; subsequent arrests led to recovery of the vehicle in Togo. On appeal by rehearing, the Court of Appeal held the evidence proved the offences beyond reasonable doubt, dismissed grounds 1–3, but reduced the 25-year sentence to 20 years, considering statutory minimums and the appellant’s youth.

JUDGMENT