RAYMOND OSEI alias SMALL v. THE REPUBLIC
February 26, 2020
COURT OF APPEAL
GHANA
CORAM
- IRENE C. LARBI (MRS), J.A. (PRESIDING)
- A. M. DOMAKYAAREH (MRS), J.A.
- PATIENCE MILLS-TETTEH J. Sitting as additional Justice of Appeal
JUDGMENT
DOMAKYAAREH (MRS), J.A
[1] This is a criminal appeal which originated from the Circuit Court at Takoradi and went on appeal to the High Court at Secondi. In other words, this is the second Appellate court that is considering this case.
[2] We must say from the onset that the Appeal Record reveals a comingling of an appeal in two separate criminal trials following closely at the heels of one another both of which involved the Appellant in the instant appeal.
The first criminal trial involved three accused persons with Suit No. CC. No. 544/09 titled: -
THE REPUBLIC
VRS.
RAYMOND OSEI & 2 ORS
In this case, the Appellant, together with the two others stole a KIA PRIDE CARAVAN TAXI CAB with Registration Number WR 1858 Z on 19th March 2009 at the Port Quarters, Takoradi. After Police investigations, they were charged with five counts, namely conspiracy to commit crime, to wit stealing; stealing; forgery of documents; possessing firearms without authority and threat of death. On 16th April, 2009 when they appeared before court for the first time, the Appellant herein who was then A1 pleaded guilty simpliciter to the charge of possessing firearms without authority. He was then convicted on that plea by H/H Kwasi Boakye (as he then was) and sentenced to 10 years. He and his the two Co-accused persons however pleaded not guilty to the rest of the charges. See pages 48-49 of ROA. Also see page 46 of the ROA for the full names of the three accused persons enumerated as 1. RAYMOND OSEI, 2. DANIEL KWAKU YEBOAH AND 3. MUSAH MOHAMMED.
[3] Thereafter, the case continued for the trial of the other charges for which they pleaded not guilty under a different Suit No. CC. No. 567/09 titled: -
THE REPUBLIC
VRS.
RAYMOND OSEI & 2 ORS.
In this trial, H/H Kwasi Boakye (as he then was) on 22nd September 2009 convicted all the accused persons on the counts 1 and 2 to wit, conspiracy to steal and stealing and sentenced each of them to 25 years on each count to run concurrently. The Appellant was also convicted on counts 3 and 5 for forgery of documents and threat of death respectively. The Appellant was sentenced to 3 years on count 3 and 25 years on count 5 both to run concurrently. The court further ordered that the sentences on counts 1 and 2 on the one side and counts 3 and 5 on the other side shall run consecutively. See page 50-51 of ROA.
[4] The second criminal trial involved four accused persons with Suit No. CC. No. 79/2010 titled:
THE REPUBLIC
VRS.
1.