OSMAN INUSAН. v. THE REPUBLIС

JUDGMENT

Prof. Anku-Tsede, JA

Introduction

1. This is an appeal by the Appellant, Osman Inusah against the judgment of the High Court, Accra, dated 7th February 2024, affirming the judgment of the Circuit Court dated 17th October 2023 convicting the Appellant for conspiracy to commit crime, namely robbery contrary to section 23(1) and 149 of the Criminal Offences Act 1960, (Act 29). The Appellant was sentenced to 15 years imprisonment in hard labour (IHL), after considering both relevant aggravating and mitigating factors.

Facts

1. The facts as presented by the Prosecution are that; the Complainant Robert Kwame Gyawu-Kyem a mobile money merchant at Kokomlemle near City Lights was, at about 9:00 pm on 24th March 2018, checking his account for the day when his wife noticed Accused person, an Okada Rider, and four others, now at large, on two motorbikes monitoring them in the shop.

2. Upon Complainant's wife informing him about what she had noticed, they decided to leave the shop. Whilst Complainant was packing, his wife decided to stand in-front of the shop and saw the Accused person and four others hiding at the edge of a nearby building. She informed Complainant and he quickly carried the daily sales of GHS10,200.00, two iPhones valued GHS1,000.00 each, one Nokia C2 valued GHS200.00 and other personal effects in a leather bag. The wife also carried a plastic bag containing waste. The moment Complainant and the wife got to one of the shops close to theirs, one of the robbers suddenly rushed on them and held the leather bag in an attempt to snatch it, but Complainant resisted. According to the Prosecution, in the process of the struggle, the accomplices of the Accused rushed and joined Accused. One of them used a piece of cement block to hit Complainant and they took the leather bag.

3. Complainant's wife raised alarm and it drew the arrested and taken to Police hospital for treatment. The Accused was subsequently charged with the offence of conspiracy to commit crime, namely robbery and robbery contrary to sections 23(1) and 149 of the Criminal and Other Offences Act, 1960 (Act 29), and was put before the Circuit Court.

Grounds of Appeal

1. Below are the grounds of appeal filed by the Appellant on the 8th of November 2024:

a. That the learned High Court judge erred in law by relying on the judgement of the learned Circuit Court judge which was made in excess of her jurisdiction for being per