RICHARD KLUTSEY VS. THE REPUBLIC
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIE-LOUISE SIMMONS (MRS.)
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Appellant contested his conviction and 15-year sentence for Conspiracy to commit Robbery and Robbery, arguing errors in evidence assessments, uninvestigated alibi, and sentence harshness. Despite the acknowledgment of the appeal grounds, the High Court upheld the conviction based on solid corroborative evidence and witness credibility. In contrast, the court modified the sentence to 18 years, citing aggravating factors per legal guidelines. The proceedings focused on evidence robustness, legal standards, and procedural fairness in criminal cases.
This is a judgment pursuant to a Petition of Appeal filed on the 6th July 2023 on behalf of the above-named Appellant pursuant to leave granted to file appeal out of time.
The Appeal is against conviction and sentence for the offences of Conspiracy to commit, namely, Robbery and Robbery.
The Appellant was sentenced to fifteen (15)years IHL on both counts to run concurrently.
He was sentenced by the Circuit Court Accra then presided over by Her Honour Rosemary Baah Tosu (Mrs. ) (as she then was). The grounds of appeal were stated as follows: 1. The Judge erred in convicting the Appellant for Conspiracy to commit crime, to wit Robbery on the uncorroborated evidence of a single witness.
2. The Appellant raised reasonable doubts on the charge of Conspiracy to Rob and Robbery.
3. The Prosecution failed to investigate the Plea of Alibi put up by the Appellant 4. The sentence of fifteen (15) years IHL was harsh The Appellant therefore sought for the following reliefs: 1. That the said conviction on Conspiracy to commit crime, to wit Robbery to be set aside 2. The sentence of fifteen (15) years IHL to be set aside.
Written Submissions were filed on behalf of both the Convict/Appellant and the Republic/Respondent on the 17th May 2024 for the determination of the Appeal.
Both submissions have been helpful and consideration have been given to them in the determination of this appeal.
THE CHARGE AND ITS ELEMENTS From the records before me, the charges the Appellant faced were the charges of Robbery and Conspiracy to commit crime.
Robbery as an offence is created under Section 149 of the Criminal and Other Offences Act, 1960 (Act 29) as follows: “A person who commits Robbery, commits a first-degree felony”This Section as amended by the Criminal Offences (Amendment Act) 1993, Act 2003 reads as follows: “(1) whoever commits Robbery is guilty of an offence and shall be liable upon conviction either summarily or on indictment to imprisonment for a term of not less than ten (10)years and where the offense is committed by the use of an offensive weapon or missile, the offender shall upon conviction be liable to imprisonment for a term of not less than fifteen (15) years. ”Meanwhile, the offence of Robbery is defined under Section 150 of Act 29 as follows: “A person who steals a thing commits Robbery 1. if in and for the purpose of stealing the thing, that person uses force or causes harm to any other person or 2. If that person uses a threat or criminal assault or