RICHARD TURKSON v. THE REPUBLIC
2012
COURT OF APPEAL
GHANA
CORAM
- MARIAMA OWUSU, J.A. (PRESIDING)
- FRANCIS KORBIEH, J.A.
- IRENE DANQUAH, J.A
Areas of Law
- Criminal Law and Procedure
2012
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, convicted of conspiracy to commit robbery and robbery, was sentenced to 20 years in hard labor. Upon appeal, the Court of Appeal set aside the conviction for robbery as the trial court failed to correctly enter a plea of 'Not Guilty' after the appellant's explanation revealed a possible defense. The conviction for conspiracy to commit robbery was upheld, and the 20-year sentence was deemed appropriate given the offense's seriousness and societal impact.
MARIAMA OWUSU, J.A:
On 18-10-2006, the High Court, Kumasi found the accused guilty on the charges preferred against him. He was convicted accordingly and sentenced to 20 years in Hard Labour on each of the two counts. The sentences were to run concurrently.
Dissatisfied with the decision of the High Court, the appellant appealed to this court.
Initially, three grounds of appeal were filed. They are:
1. The sentence was given contrary to law and procedure.
2. The Honourable Court was wrong in law when he ignored and or failed and or refused to consider mitigating factors which could have enured to the benefit of the accused.
3. The sentence is harsh and excessive in the light of the facts of this case.
On 3-3-2011, pursuant to leave granted by the High Court, Kumasi, the petitioner/appellant filed additional ground of appeal, that is:
1. The conviction was given contrary to law and procedure especially on the law regarding Robbery.
The facts given rise to this appeal are as follows:
The appellant was charged with the following offences:
COUNT ONE
Statement of Offence:
Conspiracy to Commit Robbery contrary to sections 23 (1) and 149 of Act 29/60 as amended by Act 646.
Particulars of the Offence:
1. Richard Turkson, Student, 2. Odartey (at large) and 3. Three others (at large): for that you on the 5th of October, 2006 at about 8.00p.m. at Boadi in the Ashanti Region and within the jurisdiction of this court, did act together with a common purpose to commit crime, to wit robbery.
COUNT TWO
Statement of Offence:
Robbery contrary to section 149 of Act 29/60 as amended by Act 646.
Particulars of Offence:
1. Richard Turkson, Student, 2. Odartey (at large) and 3. Three others (at large): for that you on the 5th day of October, 2006 at about 8.00p.m. at Boadi in the Ashanti Region and within the jurisdiction of this court, then armed with a gun and knife, did attack one Mabel Antwi-Kusi and robbed her of the following items:
1. 14” Samsung T.V. set valued at ¢2,000,000.00
2. DVD Player valued at ¢2,500,000.00
3. Play Station 2 Video game valued at ¢4,000,000.00
4. LPG Deck valued at¢1,500,000.00
5. Panasonic Sound System valued at ¢5,000,000.00
6. Cash the sum of ¢4,000,000.00
At the trial when the charges were read and explained to the appellant, he pleaded guilty to both charges.
The facts of the case as presented by the prosecutor are as follows:
The complainant is a trader and resides at Boadi, a suburb of Kumasi. The app