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April 27, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
FACTS:
The accused person was arraigned before this court on the following charges;
Conspiracy to commit crime namely; Robbery contrary to Section 23(1) and 149 of
the Criminal Offences Act, 1960 (Act 29) and two counts of robbery contrary to
Section 149 of Act 29.
The brief facts presented by the prosecution are that the complainants are
unemployed and reside at Sege whilst the accused person is a farmer and resides at
Toflokpo. The prosecution alleges that on the 5th day of June, 2022 about 7:00pm the
accused person and his accomplice, currently at large, were on board a Sanya
motorbike in Sege Township and when they saw the complainant Awudi Cynthia
Alormefa at Pentecost Church Junction, the accused person pointed a knife at her
and snatched her Lenovo mobile phone with her Voters Identity card inside the
phone case and sped off. The prosecution further alleges that the accused person and the suspect at large proceeded to Togblokukope where they pointed a knife at Janet
Kartey and snatched her Huawei mobile phone. The complainant shouted for help
and with the help of neighbours, the accused person was arrested. A search was
immediately conducted on the accused person and the Huawei phone and Lenovo
mobile phones were found on him and handed over to the police. The complainant
Awudi Cynthia Alormefa, heard of the arrest of the accused person, on 6th June,
2022, she went to the Police Station to identify her Lenovo mobile phone snatched
from her by the accused and his accomplice on the 5th day of June, 2022 at about
7:00pm. According to the prosecution, during investigations, the accused person
mentioned the name of one Teye Agbedam as his accomplice and led the police to
the place of abode of his accomplice and met his absence. Efforts are underway to
get the accomplice arrested. After investigations, the accused person was charged
with the offences and arraigned before this Court.
THE PLEA
The self-represented accused person pleaded guilty on counts 1 and two and not
guilty to count three. When the court enquired from the accused person whether he
understood the import of the guilty plea, he stated on record that he committed the
offence but he did not use knife as alleged by the prosecution. In view of the
equivocal plea of guilty on the first two counts and a plea of not guilty on the third
count, the court entered a plea of not guilty on all three counts for the prosecution to
prove the guilt of the accused p
AI Generated Summary
This Circuit Court judgment concerns a June 2022 evening robbery spree in Sege, Ghana, involving the accused, a farmer from Toflokpo, and an accomplice, Teye Agbedam, using a Sanya motorbike. The court recounted how the pair first took Awudi Cynthia Alormefa’s Lenovo phone containing her Voter’s ID at Pentecost Church Junction and later seized Janet Kartey’s Huawei phone, after which neighbours apprehended the accused and recovered both phones and the Voter’s ID. Applying constitutional and evidentiary standards, the judge excluded hearsay about knife use but relied on the accused’s detailed, voluntary investigation caution statement and immediate recovery of the property to find conspiracy and robbery proven beyond a reasonable doubt. The court imposed concurrent ten-year hard labour sentences (without the offensive-weapon enhancement) and ordered restitution of the stolen phone and Voter’s ID to Alormefa, considering time spent in custody.