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SIMON MENSAH & ANOTHER v. THE RESPONDENT

November 18, 2010

COURT OF APPEAL

GHANA

CORAM

  • F. KUSI-APPIAH J.A. (PRESIDING)
  • KORBIEH J.A.
  • C. J. HONYENUGA J.A

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

This criminal appeal concerns Simon Mensah and Yaw Acheampong (alias Nana Yaw), who were jointly tried and convicted in the High Court, Koforidua, for conspiracy to commit robbery and robbery. The prosecution’s case described an early-morning home invasion at trader Mr. Nkansah Asante’s residence, involving a group of armed assailants who assaulted occupants, stole cash and goods, and injured Mr. Asante. Key eyewitnesses Regina Kisewaa (PW2) and Mr. Asante (PW3) identified both appellants at the scene, with PW3 having known them previously, and identification was reinforced by a police parade. The appellants denied involvement and advanced alibis. On appeal, Justice C. J. Honyenuga, writing for the Court of Appeal, treated the case as a rehearing, focused on identification, applied statutory and case law on conspiracy and robbery, and held that the prosecution proved the case beyond reasonable doubt, dismissing the appeal and affirming the convictions.

JUDGMENT