SIMON MENSAH & ANOTHER v. THE RESPONDENT

HONYENUGA J.A.

The appellants, Simon Mensah and Yaw Acheampong alias Nana Yaw were tried jointly in the High Court, Koforidua. Both appellants faced a common count of conspiracy to commit robbery contrary to sections 23 and 149 of the Criminal Offences Act, Act 29 and robbery contrary to section 149 of the same Act.

The High Court convicted and sentenced the appellants to 10 years H/L on count one and 40 years H/L on count two. Both sentences were to run concurrently.

The case of the prosecution was that on the 1st day of April 2004 between 2.30am and 3.00am, the complainant, Mr. Nkansah Asante a trader was in bed with his wife when he heard his dogs barking and upon peeping through his window, he saw a number of armed men with some holding guns, cutlasses, clubs, blocks and other implements at the entrance of his house. The armed men then entered the room of the complainant’s mother-in-law and his sister-in-law where they subjected them to severe beating and ransacked the room. The said men then entered the complainant’s room by breaking his door with cement blocks. Upon entering the room, the complainant was beaten and severe wounds were inflicted on him. The armed men also succeeded in stealing an amount of ¢9,000,000.00 (old cedis), a mobile phone charger, three pieces of cloth, four half pieces of cloth, men shoes, a wrist watch and other items belonging to him. The appellants were subsequently arrested. They were identified by the complainant as the perpetrators of the crime and they were also identified at the identification parade. The appellants were therefore charged with the offences after police investigation.

The appellants filed one main of appeal against their conviction and sentence as follows:

“1. That the conviction and sentence cannot stand having regard to the evidence on record.

2. Additional grounds to be filed upon the receipt of the Record of Proceedings”.

The appellants filed no additional grounds of appeal.

Counsel for the appellant relied on the sole ground that the conviction and sentence cannot stand having regard to the evidence on record. Counsel further identified three issues as arising from the entire record of appeal as follows:-

(i) Whether or not the identity of the accused/appellants herein was established on the totality of the evidence adduced at the trial court beyond reasonable doubt.

(ii) Whether or not the trial judge merely recounting the evidence of the prosecution witnesses and relying on their deme