SHAIBU SANDO v. THE REPUBLIC
2013
COURT OF APPEAL
GHANA
CORAM
- KANYOKE, J.A. (PRESIDING)
- OWUSU M., J.A.
- SOWAH C., J.A
Areas of Law
- Criminal Law and Procedure
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant was convicted and sentenced to life imprisonment for his role in a robbery that resulted in the death of Samuel Kwesi Tamakloe. He appealed to the Court of Appeal on grounds including harsh and excessive sentencing and wrongful identification. The Court of Appeal dismissed the appeal, holding that the conviction and sentence were supported by the evidence on record and there was no miscarriage of justice during the trial.
OWUSU M., J.A:
On 4th august, 2000, after the summing up to the Jury, the latter returned a verdict of Guilty on conspiracy to commit an offence to wit robbery and the offence of robbery against the appellant. The appellant was convicted accordingly and was sentenced to Life Imprisonment.
Dissatisfied with the decision of the High Court, Accra, the appellant appealed to the Court of Appeal on the following grounds:
1. That the sentence imposed on the appellant is not only harsh but also excessive as regards to circumstances surrounding his conviction.
2. That your humble appellant was not apprehended at any scene of crime but was suspected and prematurely identified on mere resemblance of someone else who looks like him, thick and tall gigantic.
3. That accordingly to PW1, he was compelled and instructed by the police to pick and identified appellant which he did but against his dire wish.
4. That appellant was in a registered taxi cab that belongs to a police officer that later picked the passengers the police was looking for, gotten them, one was shot dead, the other also shot but managed to escape.
5. That your humble appellant was arrested alongside the taxi driver but was later set free and regardless of the fact that the taxi driver informed the police that I was not part of the two, I am still held and prosecuted wrongfully.
6. That your submissive appellant full of groans laments that there has been a gross miscarriage of justice in or during the trial in which the trial Judge failed deliberately to delve into the evidence with loopholes siding with the unceremonious and falsehood of prosecution that conveys the verdict of Life Imprisonment.
7. That the voice of the Judge was rather heard outside the domain of the law, not implementing the justice delivery system which I am entitled to.
8. That your humble and submissive appellant was not among any robbery syndicate, holding any AK47 rifle as alleged and the mere resemblance could not be used as bait holding me hostage until the life imprisonment imposed on me.
9. That your submissive appellant down on bent knees invokes the high inspirations of your Lordship to drench me with the intervensive dews of mercy and compassion and redeem me from undeserved incarceration considerably as deems fit.
10. That your humble appellant is purely innocent and pray with supplications to crave the indulgence of this blemish Court of Appeal where your Lordships reigns and is enthrone to adminis