THE REPUBLIC v. ABDELLA MUSAH @ JAMAL MUSAH
July 25, 2023
CIRCUIT COURT
GHANA
CORAM
- HER HONOUR ENID MARFUL-SAU
Areas of Law
- Criminal Law and Procedure
- Evidence Law
July 25, 2023
CIRCUIT COURT
GHANA
CORAM
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JUDGMENT
The Accused is charged with one count of Robbery 149 of the Criminal
Offences Act, 1960 (Act 29).
The facts as presented by prosecution are that on 22nd February, 2023 at about
05:40am, the complainant who is a trader was on her way from Anyaa NIC
down to the NIC footbridge to board a vehicle to Accra. According to
Prosecution, when complainant reached Ga Central Agenda 111 hospital site,
she met Accused who demanded that she should hand over her bag to him.
When complainant resisted, the Accused pulled out a piece of tile shaped like
a knife and attempted to use it to slash complainant in the chest however she
blocked the attempt and sustained a deep cut on her arm and bruises on her
rib. Prosecution says that complainant then handed over the handbag
containing an amount of GHC1,400.00 to the Accused. The Accused then
pushed the complainant unto the ground and started to run. Prosecution says
that complainant raised an alarm and people pursued the Accused and
recovered the bag from him. The complainant was rushed to Anyaa Poly
Clinic and transferred to Weija Gbawe Municipal Hospital due to the severity
of the injury she sustained. Prosecution says that Accused also sustained
injuries as a result of mob attack and was sent to Anyaa Polyclinic after which
he was charged and arraigned before this court.
Prosecution called two witnesses in support of its case. PW1 was Rose Owusu
the complainant and PW2 was the investigator D/Inspr. Isaac Ogbey. She
testified that she is a trader and on 22nd February, 2023 she was going to Accra and on her way to board a vehicle, the Accused demanded for her bag but she
pretended as if she had not heard what the he so she asked him to repeat
what he said but the Accused pulled a knife and raised it to harm her on her
chest but she blocked it and was harmed on her arm instead. She testified that
she handed over the bag to him. She stated that Accused wanted to harm her
on her hips but because she was wearing jeans the knife could not penetrate
and rather hurt her ribs. She testified that the Accused bolted with her bag
containing GHc1400.00 so she raised an alarm and onlookers pursued the
accused. She stated that she was rushed to the Anyaa Polyclinic and then
transferred to Weija Gbawe Municipal Hospital for treatment. According to
her, her bag was later recovered however the amount contained in the bag
had reduced to GHȼ600.
PW2 testified that the Accused was pursued after PW1 was ro
AI Generated Summary
In a Circuit Court judgment by Her Honour Enid Marful-Sau at Amasaman, the court convicted the accused of robbery committed against trader Rose Owusu. Early on 22 February 2023, near the Ga Central Agenda 111 hospital site, the accused confronted Owusu, demanded her handbag, and wielded a tile shaped as a knife. Owusu resisted and suffered a deep arm laceration and superficial abdominal/hip wounds before surrendering a bag containing GH¢1,400. Onlookers pursued the accused and recovered the bag; he was arrested following a mob attack. Prosecution tendered photographs and a medical report, and PW2 (D/Inspr. Isaac Ogbey) confirmed recovery of the bag. In his Charge Cautioned Statement (Exhibit G) the accused admitted demanding the bag and injuring Owusu; in another statement he claimed mistaken identity. Relying on statutory definitions and case law recognizing confessions as sufficient to sustain conviction, and rejecting the mistaken identity defence, the court found him guilty.