STEPHEN ANDERSON v. THE REPUBLIC
2016
HIGH COURT
GHANA
CORAM
- ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law and Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The appellant, Stephen Anderson, was convicted along with two others for conspiracy to commit robbery and robbery by the Circuit Court, Kumasi. They were sentenced to 40 years imprisonment on each count. Anderson appealed on grounds including improper burden of proof, reliance on inadequate evidence, and the excessive nature of the sentence. The appellate court upheld the conviction for conspiracy but set aside the robbery conviction, reducing the 40-year sentence for conspiracy to 10 years due to Anderson's youth and lack of prior convictions. The case references Torto v The Republic and Criminal Offences Act, 1960 (Act 29).
JUDGMENT
The Appellant herein, Stephen Anderson alias Fanti was arraigned with two other convicts before the Circuit Court, Kumasi on the following Charges:
COUNT ONE
STATEMENT OF OFFENCE:
Conspiracy to commit Robbery contrary to section 23(1) and 149(1) of Criminal Offences Act, 1960 (Act 29).
PARTICULARS OF OFFENCE
ABU MOHAMMED, 2. MAXWELL ACQUAH, 3. STEPHEN ANDERSON, on or about the 13th day of August 2012, at Ampayo in the Ashnati Region and within the jurisdiction of this court, with the use of guns acted together with a common purpose of stealing Michael Osei Bio's Iphone, a Samsung mobile phone, a Sony Ericson mobile phone, a laptop, seven wrist watches, a decoder, belts, clothes and cash amounts of $ 1000 and GH¢50.
COUNT TWO
STATEMENT OF OFFENCE:
Robbery contrary to section 149(1) of Criminal Offences Act, 1960 ((Act 29).
PARTICULARS OF OFFENCE:
1. ABU MOHAMMED, 2. MAXWELL ACQUAH, 3. STEPHEN ANDERSON, on or about the 13th day of August 2012, at Ampayo in the Ashnati Region and within the jurisdiction of this court, did attack Michael Osei Bio and with the use of guns stole his Iphone, a Blackberry touch phone, a Samsung mobile phone, a Sony Ericson mobile phone, a laptop, seven wrist watches, a decoder, belts, clothes and cash amounts of $ 1000 and GH¢50.
BACKGROUND FACTS
The complainant, a businessman, was attacked at about 1:00am on 13/08/2012 by the appellant and two others at his residence. At gun point, he was robbed of the items listed on the charge sheet. Upon a complaint lodged by the victim, coupled with further police investigations , the three persons were arrested, tried, convicted and sentenced to 40 years imprisonment on each count to run concurrently.
Dissatisfied with the conviction and sentence, the Appellant herein brought the instant appeal.
GROUNDS OF APPEAL
The judge erred when he placed the burden of proof of innocence on the accused.
The judge erred in relying heavily on the evidence of a purported witness in convicting the accused
The Honourable Judge erred when he depended on inadequate evidence in passing sentence on the accused.
The sentence of 40 years I.H.L. is very harsh and excessive.
The conviction cannot be supported by the evidence on record.
SUBMISSIONS BY COUNSEL FOR THE APPELLANT.
Counsel failed to argue the first and second grounds of appeal and he is deemed to have abandoned them. He however made extensive submissions in respect of the fifth (or additional ground), namely, the convictio