PRINCE DENKU VS THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE CYNTHIA MARTINSON [MRS]
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant, charged with conspiracy to commit robbery and robbery, pleaded guilty and was sentenced to 15 years in prison. He appealed, arguing that the trial court did not adequately explain the charges and consequences of his plea. The appeal was initially struck out but later reinstated. The court held that the trial court followed proper procedures, the appellant was adequately informed, and there was no miscarriage of justice. Consequently, the appeal was dismissed, and the conviction and sentence were upheld.
The Appellant was charged with one Kofigo who is at large, with two counts of Conspiracy to Commit Crime to Wit Robbery and Robery at the Circuit Court, Mpraeso presided over by His Honour Stephen Kumi Esq. The Appellant pleaded guilty to both offences and was sentenced to 15 years imprisonment to run concurrently.
For the purposes of this Appeal, A1 the appellant herein will be referred to as the Appellant.
The content of the Charge sheet is as follows: Conspiracy To Commit Crime To Wit Robbery; Contrary To Sections 23 And 149 Of The Criminal Offences Act, Act 29 OF 1960. PARTICULARS OF OFFENCE 1. PRINCE DENKU; Loading Boy – 24 years, 2. KOFIGO; Unemployed: For that you on the 20th day of November 2022 at Donkorkrom township near "Bush Drinking Spot" in the Eastern Circuit and within the jurisdiction of this court, did agree or act together with a common purpose to commit a crime to wit robbery and causing harm.
COUNT TWO STATEMENT OF OFFENCE Robbery; Contrary to Section 149 of the Criminal Offences Act, Act 29 of 1960. PARTICULARS OF OFFENCE 2. PRINCE DENKU; Loading Boy – 24 years, 2. KOFIGO; Unemployed: For that you on the 20th day of November 2022 at Donkorkrom township near "Bush Drinking Spot" in the Eastern Circuit and within the jurisdiction of this court, with the intent to rob Bush Maanu, did attack him with a stick and stone respectively and succeeded in stealing his Techno Pop 5 Pro mobile phone valued at GH¢800. 00. . FACTS OF THE CASE AS NARRATED BY THE PROSECUTION BRIEF CASE: Complainant Bush Maanu is a caꢀle herdsman who lives at Ntonaboma.
The appellant [A1], Prince Denku and A2, one Kofigo are loading boys and unemployed respectively and both reside at Donkorkrom.
On 20/11/2022 at 08: 30 pm, the complainant was from the Donkorkrom Yam market towards ‘Bush Drinking Spot’ with a Techno Pop 5 mobile phone in hand.
The Appellant and another at large were around the above-mentioned drinking spot and saw the complainant walking alone with his cell phone Techno Pop 5 in hand.
The appellant and one Kofigo at large then planned to snatch the mobile phone from the complainant.
Kofigo who is at large was the first to aꢀack the complainant by hiꢀing his forehead with a stone and aꢀempted collecting the cell phone from him.
The Complainant struggled hard with A2 to prevent him from taking the phone.
At that moment, the Appellant also came to hit the Complainant's head with a stick making it easier for A2 to snatch the aforementioned mobile phone w