STEPHEN NYARKO v. REPUBLIC
2015
COURT OF APPEAL
GHANA
CORAM
- S. E. KANYOKE, J.A.
- A.M.A. DORDZIE J.A
- G. TORKORNOO JA
Areas of Law
- Criminal Law
- Evidence Law
- Appeal Procedure
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant, Stephen Nyarko, was convicted of conspiracy and robbery and sentenced to 30 years imprisonment. He appealed against the conviction and sentence, raising several grounds including wrongful conviction based on evidence and failure to appreciate his defence. The appeal was dismissed, with the court finding sufficient evidence supporting the charges and no merit in the grounds of appeal.
DORDZIE, J.A.
FACTS: The appellant herein, Stephen Nyarko was convicted by the High Court Accra on 10th of December 2010 and sentenced to 30 years IHL on charges of conspiracy and robbery.
The appellant was charged jointly with 8 other accomplices with the offences.
The facts leading to the charges are that the appellant and 8 other persons agreed together to rob one Dora Kumi. The said Dora Kumi owns a shop around the Rawlings Park in the city center and sells biscuits. On 5th of February 2003 the victim had closed from the shop and was driving home when she was attacked at gun point by a group of armed robbers. The robbers held her at gun point, searched the car and made away with cash amounting to USD65, 000 and GHc4, 500. The robbers stole 2 mobile phones, her passport and a bunch of keys to her shop as well.
A report to the police led to the arrest of Nana Yaw Owusu the first accused and Frederic Lamptey Annan the 4th accused. The 1st accused during interrogations gave the names of their accomplices which include the appellant herein. All the accused persons initially pleaded not guilty to the charges. In the course of the trial the first and ninth accused persons changed their pleas to guilty and were convicted accordingly.
The appellant and six others went through the full trial and were found guilty and sentenced to various terms of imprisonment. The appellant was sentenced to 30 years imprisonment in hard labour on each count to run concurrently.
The appellant being dissatisfied with his conviction and sentence brought this appeal seeking to set aside the conviction and sentence imposed upon him
GROUNDS OF APPEAL.
The appellant in his notice of appeal filed 4 grounds and indicated that additional grounds would be filed but this was not done.
The grounds of appeal contained in the notice of appeal are as follows:
a) The conviction and sentence of the appellant is wrong in law having regard to the totality of evidence on record.
b) The failure of the trial judge to appreciate that the appellant’s defence was reasonably probable amounted to miscarriage of justice.
c) The trial judge erred in law when he failed to hold that the failure of the prosecution witnesses to directly identify the appellant in the witness box created doubts which ought to inure to the benefit of the appellant
d) The trial judge erred in law when he failed to hold that the failure of the police to conduct an identification parade for the complainants to identify th