The Appellant/A1 herein and one Solomon Annum/A2 were charged with the offence of conspiracy to commit the offence of robbery and robbery contrary to Sections 23(1)and 149 of the Criminal Offences Act 1960 Act 29 and were arraigned before the Accra Circuit Court on the 16th of December 2020. The accused persons pleaded not guilty to the offences after same was read and explained to them in the GA language.
After a full trial, the accused persons were on the 10th of February 2022 found guilty, convicted and sentenced to fifteen (15) years IHL on both count one and count two and the sentences were to run concurrently.
It is against this judgment that the appellant filed the instant appeal on the 22nd of December 2023 pursuant to leave granted by the High Court on the 7th of December 2023 praying for the conviction of the A1/Appellant to be set aside.
GROUNDS OF APPEAL The grounds of appeal filed are that: a. That the conviction cannot be supported having regard to the evidence b. That the learned trial judge erred in law when she admitted the A1/Appellant’s caution statement without first investigating whether he made it or not.
c. That the learned trial judge erred in law in basing the Appellant’s conviction mainly on alleged inconsistencies in the Appellant’s disputed statements.
d. That the learned trial judge erred in her judgment when she relied on a flawed identification of the A1/Appellant leading to an improper finding of fact against the 1st Accused/Appellant.
e. That the learned trial judge failed to consider fully the defence of the 1st Accused/Appellant.
The appellant indicated that additional grounds of appeal would be filed upon receipt of the record.
Upon receipt of the record, the Appellant filed notice of additional ground of appeal pursuant to leave of court.
The additional ground of appeal is that “that the trial judge erred in law by not ordering a mini-trial to determine the admissibility or otherwise of the investigation caution statement of the 1st Accused/appellant when the 1st accused/appellant objected to its admissibility. ”FACTS OF THE CASE According to the prosecution the complainant Kester Anderson is a professional driver and works with the bolt transport services and resides at Community 11, Tema.
Al Raphael Maamah alias Tema-boy is unemployed, A2 Solomon Annum alias Container Money is a trader.
Both accused persons are residents of Teshie Maami.
On 29/11/2020 at about 11: 05 pm complainant whiles working received
