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
This appeal by Richard Turkson challenges convictions and sentence imposed by the High Court in Kumasi for conspiracy to commit robbery and robbery against trader Mabel Antwi-Kusi. Turkson pleaded guilty to both counts, but later explained that he was ill on the night of the robbery, had earlier shown accomplice Odartey the target house, and subsequently retrieved a bag left for him containing stolen items. Justice Mariama Owusu, writing for the Court of Appeal, upheld the conspiracy conviction, finding Turkson’s explanation demonstrated abetment and common purpose under section 23(1) of Act 29/60. On the robbery count, the Court held the explanation contradicted the guilty plea, requiring a ‘Not Guilty’ plea under section 171 of Act 30/60, and set aside that conviction. Emphasizing deterrence amid rising robbery, the Court declined to reduce the twenty-year sentence, dismissing the sentence appeal.
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