GH - RICHARD OPOKU ADJEI v. THE REPUBLIC

ADJEI, J.A:

This is an appeal against the judgment of the High Court, Accra which affirmed the judgment of the Circuit Court, Ashiaman delivered on 9th May, 2017. The Circuit Court convicted both accused persons who were arraigned before it on one count of conspiracy to commit robbery and one count each for robbery. The Circuit Court sentenced both accused persons to a fine of 600 penalty units for the offence of conspiracy to commit robbery and in default seven years in prison. Each accused person was further sentenced to ten years imprisonment for the offence of robbery. The legality of the sentences imposed by the Circuit Court and affirmed by the High Court, Accra sitting as a first instance appellate court over the criminal decision of the Circuit Court would be discussed in the course of this judgment on appeal.

The High Court on 30th May, 2019 affirmed both judgment and sentence of the Circuit Court in respect of the Second Accused Person. The First Accused Person did not appeal against the decision of the Circuit Court and the High Court did not make any determination on his conviction and sentence and his appeal is not before this Court for any determination to be made by the fact that an appeal against the decision of the Circuit Court does not lie to this Court. The Second Accused Person who appealed against the judgment of the Circuit Court to the High Court is the appellant before this Court and shall be referred to in this appeal as the Appellant.

The brief facts of the case were that on 15th May, 2016 at Community 22, Tema, the complainants John Pauye Addo and Victoria Ophelia Kamel were attacked in their house at about 1.30am by five armed men. Three of the five armed men wielded pistols and pump action guns and assaulted the complainants with the belt of the short gun. The second complainant who proffered evidence as PW 1 was assaulted by one of the armed men whom he described as a “Short Guy”. The Short Guy used a pump action to knock at his head and subjected him to severe beatings. He finally used soap to rob his ring finger to facilitate the removal of his wedding ring and removed same. The armed men took away an Apple iPad, two blackberry phones, two Techno phones, sunglass, Toshiba Computer and a wedding ring of the John Pauye Addo. The complainant who sustained serious injuries in the course of the robbery went to Tema Community 22 Police Station to lodge a complaint immediately after the robbery. A team of policemen were dispatc

ADJEI, J.A:

RICHARD OPOKU ADJEI v. THE REPUBLIC

Areas of Law

JUDGMENT