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July 30, 2014
HIGH COURT
GHANA
CORAM
CRIMINAL APPEAL - ROBBERY
Convict Appellant present Comfort Kwakye Antwi, Assistant State Attorney for the Republic Respondent present Patrick Abonebe for the Appellant present CHARGE The Convict Appellant was charged with Robbery contrary to section 149 of the Criminal Offences Act, 1960 (Act 29). FACTS The facts of the case are that the Complainant is the Manager of Timber Industry Development Division Sunyani.
Accused person is a farmer and lives at Yawhima Sunyani.
On 28th August 2017 at about 9: 10pm Complainant on her way home from church met the accused person around an old cemetery who was wielding a cutlass and instructed her to hand over her bag to him otherwise he will harm her with the cutlass.
For fear of being injured the Complainant handed over her bag to the accused.
Accused took to his heels with the bag containing I Phone 4S, valued GH₵ 1, 500. 00, two pen drives valued GH₵ 40. 00, Vodaphone modem valued GH₵ 980. 00 (sic), New King James Bible valued GH₵ 65. 00. Barclays Bank ATM Card, Voter I. D card and SSNIT card.
Accused withdrew GH₵ 150. 00 from Complainant’s Vodaphone Cash after changing her pin number.
Accused later called the Complainant on his MTN phone number and requested that the Complainant transfers GH₵ 5, 000. 00 to him on his MTN mobile phone money account before he will return the items to her.
Accused sold complainant’s phone and went into hiding at Miregu in the Upper East Region.
He stole a motorbike at Miregu and he was arrested.
He was searched and the Complainant’s Barclays ATM card, SSNIT card, voter I. D card bearing Complainant’s name were found on him.
On 23rd December, 2017 Sunyani police went to Miregu to arrest the accused person upon being informed about him by Miregu police.
Accused was identified by Complainant as the one who stole her items. Accused admitted the offence in his investigation cautioned statement and said that he sold the Complainant’s two mobile phones to some boys at Yawhima but the police did not find anyone when the accused led them to a drinking spot at Yawhima.
He was charged after investigations and arraigned in the Circuit Court Fiapre.
CONVICTION AND SENTENCE On 12th January, 2018 the accused was arraigned in Fiapre Circuit Court and the case was adjourned for the Attorney General’s advice.
On 22nd February 2018 the accused person’s plea was taken.
He pleaded guilty to the charge.
Voter I. D, SSNIT card, Barclays Bank Visa ATM card bearing the Complainant’s name wer
AI Generated Summary
This criminal appeal arose from a robbery conviction in the Fiapre Circuit Court. The complainant, Lydia Someah, a manager at the Timber Industry Development Division in Sunyani, was threatened at cutlass-point by Peter Anyorka, a 28-year-old farmer, who demanded her handbag and fled with electronics, cash, and identity cards. Anyorka changed her mobile-money PIN and withdrew GH₵150, later demanding GH₵5,000 for the items’ return. Arrested at Miregu, he was found with the complainant’s cards and admitted selling the phones. He pled guilty and received twenty-five years’ imprisonment. On appeal, Justice Joyce Boahen affirmed the conviction and rejected arguments about inconsistent valuations and plea-process defects, but found the sentence harsh. Considering aggravating and mitigating factors, statutory minima, and Article 14(6), she reduced the sentence to fifteen years effective 22 February 2018.