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
Presiding Justice Mariama Owusu authored the Court of Appeals decision on Richard Turksons criminal appeal from the High Court, Kumasi. Turkson had pled guilty to conspiracy to commit robbery and robbery after items were stolen from trader Mabel Antwi-Kusis home in Boadi; the next morning he was found carrying a bag containing her Panasonic sound system and PlayStation 2. On appeal, he argued that his explanation8he showed Odartey the house and later collected the bag but did not enter the house8meant the trial court should have recorded a not-guilty plea on robbery. The respondents counsel conceded that point. The Court of Appeal set aside the robbery conviction, upheld conspiracy under sections 23(1) and 24(1) of Act 29, and maintained the twenty-year sentence to reflect deterrence and societys strong disapproval of robbery.
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.
Dissatisfied with the decision of the High Court, the appellant appealed to this court.
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.
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.
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 3. Play Station 2 Video game valued at 4, 000, 000.00 5. Panasonic Sound System valued at 5, 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 appellant is a student in Accra but resident at Boadi at the material time of the case.
m, the complainant locked up the main gate of her house in order to retire to bed.
Just at that same time, some five men who had already sneaked into the house emerged holding g