This is an appeal from the decision of the Circuit Court, Accra delivered on 2nd December, 2013. The brief facts of the case before the trial court were that the Complainant, Stephen Amponsah Yeboah was the Manager of Kpobiman Shell Filling Station while the Appellant was unemployed and lived at Kuntunase near Amasaman.
On 8th June, 2012, at about 1pm, the Complainant and his workers were at the filling station doing business when the Appellant, in the company of two others, attacked them. While the Appellant wielded a gun, one of his accomplices had a knife. The Appellant and his accomplices fired gunshots and made away with a cash sum of GH¢5375 which they took from the pump attendants. They also bolted with assorted phone cards valued at GH¢ 950 on one motorbike. Two empty shells, a black cap and a half pair of a footwear was left behind by the Appellant and his accomplices. On 4th July, 2012, a detachment of Police personnel from Amasaman was detailed to effect an arrest in a house at Kuntunase. On arrival, the Appellant was heard informing someone to abscond because of Police presence. The Police became suspicious and arrested the Appellant. When the Appellant was searched, a gun and six rounds of ammunitions were found in his room –the Appellant claimed ownership of them when questioned. The Appellant also admitted ownership of a black cap and a half pair of footwear found in his room of which the other pair was found at the scene of the crime.
The Appellant denied and pleaded not guilty to the charges of: (a) Conspiracy to commit crime, namely robbery, contrary to sections 23(1) and 149 of the Criminal Offences Act 1960 (Act 29); and (b) Robbery, contrary to section 149 of Act 29 as amended by the Criminal Offences (Amendment) Act 2003 ( Act 646).
At the trial, the prosecution called four witnesses in support of its case. When the Appellant opened his defence, he testified on oath but did not call any witness. At the end of the trial, the trial court found as a fact that the Appellant conspired with others to rob the Complainant’s filling station, by use of threat of harm and death and succeeded in stealing things which did not belong to them. The Appellant was found guilty on both counts, convicted and sentenced to a prison term of 20 years I.H.L. on count one and 30 years I.H.L. on count two. The sentences were to run concurrently.
The sole ground of appeal is that the Circuit Court erred in convicting and sentencing the Appellant.
Counsel fo
