THE REPUBLIC v. DOMINIC OBIRI YEBOAH @ KENNEDY & 2 ORS
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Dominic Obiri Yeboah was charged and found guilty of robbery under section 149 of the Criminal and Other Offences Act, 1960, Act 29, for orchestrating the theft of a taxi and mobile phone using threats and force. The prosecution presented sufficient evidence, including witnesses and physical proof, to meet the burden of proof beyond a reasonable doubt. The court dismissed minor inconsistencies in witness testimonies, and the accused received a ten-year sentence with hard labor.
JUDGMENT
The accused person herein and two others (now at large) have been charged on one count of Robbery contrary to section 149 of the Criminal and Other Offences Act, 1960, Act 29. He pleaded not guilty, thus, necessitating the instant trial.
What has led to this case? Dominic Obiri Yeboah alias Kennedy who had previously engaged the services of the Complainant (taxi driver) exchanged phone numbers with him for future business transactions. Thus, on 13/09/2014 at about 10pm, the accused is said to have requested the complainant's services to drive him and two others from Kronum Otumfour to Akom. The accused directed the complainant to make a left turn towards the Akom township. On the way, one of the accused persons (now at large) drew a knife and ordered the complainant to stop. He obliged and stopped. The accused person and his accomplices pulled the complainant from his taxi cab, collected the ignition key, his mobile phone and sped off. The complainant reported the incident to the police at the axle weight office and they in turn relayed the information to the Police patrol Team at Offinso. The patrol team eventually intercepted the taxi cab in question at Abofour camp on the Offinso/Techiman Highway and managed to arrest the accused but his accomplices escaped. Four mobile phones including that of the complainant were found on the accused person. In his caution statement, the accused is said to have admitted having planned with his two accomplices to rob the complainant of his taxi cab with registration number AW 5755 - 14.
The ingredients of the offence of robbery can be found in section 150 of Act 29 thus:
Section 150:
" A person who steals a things is guilty of robbery if and for the purpose of stealing he uses force or causes harm to any other person, or if he uses a threat or criminal assault or harm to any other person, with intent to prevent or overcome the resistance of the other person to the stealing of the thing".
To secure a conviction, the prosecution is enjoined by sections 11(2) and 13(1) of the Evidence Act, 1975 N.R.C.D. 323 to prove the guilt of the accused person beyond reasonable doubt.
In discharging this onerous burden, the prosecution called five witnesses. The first to testify was the driver of the taxi cab in issue who gave his name as Opoku Mensah. PW1 testified that on 10/09/2014, which was a Wednesday, A1 engaged his services to drive him to his house at Kronum Aboahia, Kumasi. In the course of the trip, PW1 said