THE REPUBLIC v. LAWRENCE ADJEI
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
A1 was convicted for conspiracy to commit robbery and robbery after attacking an epileptic patient and stealing his belongings. The court relied on A1's confession statements, which were made voluntarily in the presence of an independent witness, to establish his guilt beyond reasonable doubt. A1 was sentenced to 15 years imprisonment with hard labor on each count to run concurrently.
JUDGMENT
“Our world is utterly saturated with fear... we fear being injured, robbed or attacked..." Brenden Myers. And, I add, robbery victims are no exception to this web of fear! What is the genesis of this case?
The complainant is said to be an epileptic patient, abandoned to his fate and sleeping in the open. Yet, he was attacked by armed men! That shows the high level of crime in our society and the courts have a duty to bring such monstrous crimes under control.
There are two counts on the charge sheet against the accused persons herein; conspiracy to commit crime to wit robbery and robbery, contrary to sections 23(1) and 149 of the Criminal Offences Act, 1960, Act 29. Only the first accused person (A1) is standing trial, the others are at large.
The facts of the case are that the complainant is an epileptic patient, with no specific place of abode and comes to the Adum Kejetia area to beg for alms. On 12/07/2014, the complainant passed the night in front of a store near the railway station in Adum. Whilst sleeping at about 2:30 am, he felt a sharp movement in his pocket. He suddenly woke up to find that A1 and the others at large had cut his pocket and had taken cash the sum of GH¢180.00, a nokia mobile phone worth GH¢90.00 and his personal belongings worth GH¢230.00. The victim held A1 and demanded the return of his money but A1 inflicted a sharp wound on his neck. A1 then passed on the money, mobile phone and luggage to his accomplices and they all took to their heels. The victim raised an alarm and witnesses chased and arrested A1 but the others escaped. They collected the knife from A1. The accused person denied the offence in his cautioned statement but later volunteered a statement admitting the offence.
It is important to set identify the ingredients of the offences leveled against the accused. These can be found 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 t