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May 16, 2023
CIRCUIT COURT
GHANA
CORAM
JUDGMENT
The accused person was arraigned before this court on 23rd March, 2023 on the
charges of conspiracy to commit crime to wit; Robbery contrary to sections
23(1) and 149 of the Criminal Offences and Other Offences Act, 1960 (Act 29); and
Robbery contrary to section 149 of Act 29.
He pleaded guilty with explanation to the charges after they had been read
and explained to him in Twi, being his language choice.
The explanation of the accused person on count one was:
“Yes, I conspired with another person to give the complainant a diamond”.
He further gave an explanation on count two as follows:
“I told him I have diamond to give to him as a gift for helping me locate the
Achimota Pentecost church. So I gave him the diamond and asked him to place
on the shining part of the cedi note to increase in size and also add mercury
water to the diamond to increase in size. So I placed the diamond on the money
and tied it in a rubber. In the process of giving the money back to the
complainant we stole GH¢2,200.00 out of the GH¢4,000.00. So I did not use
force to take the money from him. He did not understand that I took the
GH¢2,200.00 so we came to the police station and I gave the GH¢2,200.00 to
the police”.
Upon listening to the explanation of the accused person on both counts one
and two, the court entered a plea of not guilty for him on both charges and
conducted a trial.
The brief facts of the case as presented by the prosecution are that
complainant Joseph Ashun is an electrician and a resident of Oyibi whilst the
accused person is a trader but has no fixed place of abode. On 17th March,
2023 about 4:30pm, complainant came to Achimota to sign some travel
documents and was looking for mobile money vendor to transfer the sum of
GH¢4,000.00 to Mr. Quansah, a travel agent who is working on his travel
document. Complainant after roaming for a while without success found a
vendor at Achimota charcoal station who initiated the transaction. However,
halfway into the transaction, the vendor realized she did not have electronic
cash, hence she handed the money back to complainant. Accused and his
accomplice were standing some distance away from the vendor so when the
complainant started walking away from the vendor, accused person quickly
moved towards him and told him he was a stranger from Obuasi and that he
was working for one Mr. Owusu whom he was trying to locate. The accused
claimed the said Mr. Owusu lives around the Achimota
AI Generated Summary
This Circuit Court judgment by Her Honour Akosua Anokyewaa Adjepong concerns the robbery of Joseph Ashun, an electrician from Oyibi, at Achimota. Ashun sought to transfer GH4,000 to travel agent Mr. Quansah but was diverted by the accused, a trader without fixed abode, and an accomplice near the Achimota charcoal station, with talk of Mr. Owusu and the Achimota Pentecost church. Once out of sight, they used force during a struggle; GH2,200 was taken and later recovered from the accused at the charge office, along with Ashuns phone. The prosecution tendered the accuseds caution and charge statements and called two witnesses. Applying Act 29s elements of robbery and conspiracy and Evidence Act burdens and confession safeguards, the court convicted the accused on both counts and imposed concurrent 12-year terms in hard labour, with restitution of GH2,200 ordered.