THE REPUBLIC v. KWABENA GYASI & 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
The case involves two accused persons charged with conspiracy to rob and robbery. The prosecution presented credible evidence, including witness testimonies and identification parades, to establish the guilt of the accused beyond a reasonable doubt. The defense attempted to discredit the evidence but failed to raise any reasonable doubt. The court found the accused guilty and sentenced them to 18 years imprisonment. Legal principles concerning the burden of proof in criminal cases, definitions of conspiracy and robbery, and the importance of identification were reaffirmed.
JUDGMENT
The accused persons herein have been charged on two counts of conspiracy to commit robbery and Robbery contrary to sections 23(1) and 149 of the Criminal and Other Offences Act 1960, Act 29. The particulars of offence are that on 23/06/2014 at about 1am, they agreed or acted together and robbed one Kwame Asenso of his Mercedes Benz with Registration number As 4117-11 valued at GH¢ 35,000.00; two mobile phones valued GH¢8000; one Samsung laptop valued at GH¢1500.00 and cash of GH¢6,000.00. Each accused person pleaded not guilty to these charges. Hence, the instant trial.
The Facts which led to the instant trial are that the accused person and four others at large attacked the complainant who is a lotto agent in his house on 23/06/2014. They fired indiscriminately and in the process injured the Complainant's son by name Daniel Asenso. The accused persons made away with a Mercedes Benz car, two mobile phones, one laptop and cash of GH¢6,000.00. Upon a description by the Complainant, A1 and others were arrested on 30/06/2014. Upon a search, the police found one locally manufactured pistol and a military jacket on A2. A toy pistol and a quantity of leaves suspected to be Indian hemp were found from A1. Subsequently, the Police conducted an identification parade at the Police Regional Headquarters, Kumasi, where A1 and A2 were identified by the witnesses as some of the robbers who robbed the complainants.
The ingredients of the offences leveled against the accused persons are contained in section 23(1) and 150 of Act 29 thus:
Section 23 (1):
"Where two or more persons agree to act together with a common purpose for or in committing or abetting a criminal offence, whether with or without a pervious concert or deliberation, each of them commits a conspiracy to commit or abet the criminal offence."
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."
This being a criminal case, the Prosecution is enjoined by sections 11(2) and 13(1) of the Evidence Act, 1975 N.R.C.D. 323 to prove the ingredients of these offences beyond every reasonable doubt. In other words, the Prosecution must establish the guilt of the accused persons beyond reasonable doubt so as to secure their conviction.
In a