SHERIFF GYARKO v. REPUBLIC

DOMAKYAAREH (MRS), J.A

[1] This is an appeal against the judgment of the High Court, Sunyani, in the exercise of its appellate jurisdiction dated 10th July 2014. Earlier on, the Circuit Court at Techiman had on 18th February, 2014 convicted the Appellant herein on two counts, namely, conspiracy to commit crime to wit: Robbery contrary to Sections 23 and 149 of the Criminal Offences Act 1960, Act 29 and Robbery contrary to Section 149 of the same Act. The trial Circuit Court convicted and sentenced the Appellant to 24 years Imprisonment with Hard Labour on each count, with the sentences to run concurrently. The Appellant was aggrieved by this outcome and consequently appealed against both his conviction and sentence to the High Court Sunyani. On 10th July 2014, the High Court delivered its judgment. The High Court upheld the conviction on both counts but however varied the sentence of 24 years Imprisonment with Hard Labour by setting same aside and substituting in its place, 12 years Imprisonment with Hard Labour on each count with the sentences also to run concurrently. The Appellant is still dissatisfied with this outcome and has now appealed to this Court against both his conviction and the sentence.

[2] The facts underpinning all this trajectory is that the Appellant is a driver who lives at Nkonsia Near Wenchi while the Complainants, who are three in number, are farmers at Kanase also near Wenchi. There were two other co-accused A2 and A3 jointly charged with the Appellant but they have remained at large up till date. On 20th June 2013 at about 9.00pm, the Appellant, agreed together with A2 and A3 to rob passengers on the Droboso-Agubie feeder road. They went there with sticks. At the same time, the Complainants were returning to Agubie on their motorbike. The Appellant and his two other co-accused attacked them and managed to rob one Emmanuel Fosu of GH¢80.00. Realising that the accused were not armed with guns, the Complainants resisted. In the process, A2 and A3 escaped but A1, the Appellant herein, was over powered by the Complainants. The Police at Wenchi were informed. The Appellant was handed over to the Police and after investigations, he was charged before the Circuit Court, convicted and sentenced by the Circuit Court. The sentence was varied by the High Court on appeal as indicated.

[3] The Appellant has appealed to this court on two grounds, namely:

1. The High Court judge erred by convicting the Appellant as the verdict cannot be