THE REPUBLIC v. PRINCE ADU GYAMFI & ANOR
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.)
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Prince Adu Gyamfi and Rafiu Adams were found guilty of conspiracy to commit robbery and robbery after a trial where they initially admitted the crimes but later claimed the admissions were made under duress. The court relied on circumstantial evidence, witness identifications, and recovered items to convict them. Gyamfi, being over 18, was sentenced to 18 years of imprisonment with hard labor, while Adams, being a minor at the time of the crime, was remitted to the Juvenile Court for sentencing.
JUDGMENT
Prince Adu Gyamfi (aged 20 years) and Rafiu Adams (aged 17 years), were first arraigned before the Circuit Court, Kumasi in February, 2014. They have now been charged with conspiracy to commit robbery and robbery, contrary to Sections 23(1) and 149 of the Criminal and Other offences Act, 1960, Act 29. They pleaded not guilty to the charges, hence the instant trial.
A summary of the facts leading to this case are as follows: In the night of 18/02/2014, the two accused persons raided the room of the complainant at Kronum, a suburb of Kumasi. At gun point, they took away the complainant's two HP laptop computers valued at GHS 2,400.00, two Samsung phones valued at GHs 300 and cash of GHS 44.00. They were however arrested by the police patrol team in the Dechemso area at about 2am on 19/02/2014 on suspicion of being criminals. The accused persons led the police to Abidjan hotel Room 19 at Dechemso where two laptops, two modems and a locally manufactured pistol were found. At the police station, the Complainant identified the said laptops and modems as his and also identified the accused persons as those who had robbed him.
Under our laws, the ingredients of these offences can be found in sections 23(1) and 150 of Act 29 as follows:
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."
Thus, the prosecution is enjoined by sections 11(2) and 13(1) of the Evidence Act, 1975 NRCD 323 to prove the guilt of the accused persons beyond reasonable doubt. If the prosecution fail in this duty, the accused persons are entitled to be acquitted.
In discharging this onerous burden, four witnesses testified for the prosecution. PW1, Renold Boateng is the complainant. He testified that on 18/02/2014 at about 10:30pm he was in a room with his friend by name Alfred. The door was not locked. A1 entered the room and pointed a pistol at them and demanded money. A2 also entered the room and said if the occupants did not have money,