PROSPER AMESHINU v. REPUBLIC

APALOO, JA: In this appeal the appellant Prosper Ameshinu is seeking the reversal of his conviction by the High Court, Fast Track Division dated 22nd day of August 2006. The High Court upon conviction, sentenced the appellant to 60 years IHL on each of the two counts upon which he was charged. Both sentences were to run concurrently.

The appellant had been charged with the offences of (1) conspiracy to commit robbery and (2) robbery contrary to section 23 (1) and 149 of the criminal offences Act, Act 29 as amended.

Briefly stated, the case of the prosecution was that on the night of 21/9/03 at about 10:40 pm the complainant, Mr. Cox Tamakloe a journalist with Joy FM in Accra was driving his Ford Escort Saloon Car registered as number GR 6902 T from Accra towards Community 10, Tema. On a section of the road, he was overtaken by a Taxi Cab which suddenly blocked the road thereby preventing him from moving any further. He tried to reverse his car but the accused got down from the taxi and came to his car and pointed a gun at one side of his head. Another person quickly got into the backseat of the complainant’s car, put an object to his back and ordered him to surrender everything on him. The accused moved from the window and came to sit in the front seat of the complainant’s car and threatened to cause harm to him if he did not co-operate. The complainant at the time had on him unspecified amount of money which he gave to the accused. They then ordered him to drive on. After about 150 yards from, the scene, they ordered him out of the vehicle and they drove the vehicle away. The complainant reported the matter to the Police.

About a week after the incident the Police had information that a vehicle suspected to have been stolen was being dismantled at Nii Boye Town. The Police mounted an operation at a house at Nii Boye Town, retrieved the almost dismantled vehicle and arrested the appellant and another man who were found in the house. The complainant identified the accused as one of the robbers, specifically the one who pointed the gun to his head and also sat in the front seat of the vehicle. The appellant was therefore charged with the offences after police investigations.

The appellant by his petition of appeal filed three main grounds against conviction and the third against sentence. The grounds of appeal will be reproduced herein to assist in the determination of the appeal.

“1 That the conviction is wrong in law and is against the

weight of evid