THE REPUBLIC VS. ALBERT NAJA
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE MARIE-LOUISE SIMMONS (MRS.)
Areas of Law
- Criminal Law and Procedure
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Albert Naja was charged with Attempted Murder and Robbery, but later through plea bargaining, was convicted of Causing Unlawful Harm and Stealing. The accused, initially pretending to purchase the victim's car, eventually shot her and stole her belongings. After several procedural developments, including a failed appearance leading to bail rescinding and a plea bargain, the accused pleaded guilty to the lesser charges. The court appreciated both mitigating and aggravating factors before sentencing the accused to serve concurrent sentences of five and ten years in prison respectively while acknowledging prior time served.
The Accused person herein was charged with one count of the offence of Attempted Murder contrary to Section 48 and one count of Robbery contrary to Section 149 all of the Criminal Offences Act, 1960 (Act 29). The particulars of offence on count one was: ALBERT NAJA, alias BAFFOE YAW alias OTOO HUMPREY TEETEH OWUSU, TRADER, on or about the 14th February 2013, on the Ring Road in Accra, near the Barclays Bank, did attempt to cause the death of AKUA SERWAA by Unlawful Harm.
On the second count, the particulars were: ALBERT NAJA, alias BAFFOE YAW alias OTOO HUMPREY TEETEH OWUSU, TRADER, on or the about the 14th February 2013, on the Ring Road in Accra, near the Barclays Bank, did rob AKUA SERWAA of the following items: • One Toyota RAV4 vehicle• One ladies handbag containing the vehicle documents• $20, 000 (Twenty Thousand dollars)• Unspecified amount of Ghana cedis in cash of GHC50. 00 denominations• One (1) Galaxy mobile phone• One (1) Nokia mobile phone He was committed to stand trial at the High Court on the 4th June 2015. THE FACTS OF THE CASE As per the summary of the witnesses’ evidence filed was that: The Accused person, Albert Naja was a resident of Kumasi who later moved to Accra sometime in September 2012 in search of a job and was offered a job as driver by a professor and lecturer of the University of Ghana.
The professor later accommodated the Accused at his residence at Haatso in Accra.
On or about the 23rd January 2013, the victim, Akua Serwaa aka Imelda Dodoo (now deceased) sent her driver to a washing bay with her vehicle, a Toyota RAV4. This vehicle had a “FOR SALE” inscription on it with the victim’s name and number.
The Accused now convict who happened to be at the washing bay, noticed the sign for sale and took the details of the victim.
Between that day and the 11th February2013, he communicated with the victim as to the purchase of the vehicle, the mode of payment and documents covering the vehicle.
On the 11th February 2013, the Accused asked the victim to meet him at the said washing bay with the vehicle for him to make payment.
The victim asked her driver to meet the Accused with the vehicle but the Accused failed to produce any money but yet managed to convince the driver to deliver the vehicle to him and he drove it away.
Efforts to retrieve the vehicle or get him to effect payment proved difficult.
Then on the 14th February about 3 days later, the convict got in touch with the victim and asked her to meet him at the Fiest