THE REPUBLIC vs ATTA BIENNNI ACHEAMPONG JUNIOR & ANOR

BACKGROUND TO THEAPPEAL

On 4th November, 2024 His Lordship Charles Kwasi Acheampong sitting at the Circuit Court, Hwidiem in the Ahafo Region as Additional Circuit Court Judge, convicted and sentenced the 1st Appellant (A1) and the 2nd Appellant (A2) the Appellants herein at page 20 of the record of appeal as follows;

By Court;

This Court finds that prosecution failed to establish the offence of robbery (count two) against 2nd accused person, 2nd accused person is accordingly acquitted and discharged on count two. With regards to count one, the charge of conspiracy, this Court finds that same was duly established by prosecution beyond reasonable doubt against both accused persons. Accused persons are accordingly found guilty on count one and hereby convicted. 1st accused person alone is found guilty on count two and duly convicted.

At page 21 of the record of appeal the trial Judge stated as follows;

This Court has considered the fact that there is no evidence on record to suggest that the accused persons are known. The Court also has considered the plea (sic) mitigation raised by accused by accused persons. Consequently, this Court is minded to impose the minimum sentence at law. Given the fact that offensive weapons namely: the metal sign post, a cement blocks (sic) were used in the commission of the offences, the Court hereby sentences accused persons as follows;

Count One: A1 and A2 are sentenced to serve a term of imprisonment of 15 years imprisonment (sic) with hard labour.

Count Two: A1 alone is sentenced to serve a term of imprisonment of 15 years imprisonment (sic) in hard labour.

Sentences to run concurrently.

Being dissatisfied with their conviction and sentence, the Convicts Appellants hereinafter called Appellants filed petition of appeal against their conviction and sentence. The grounds of appeal are that;

The facts / evidence do not support the charge of robbery and

That the sentence was too harsh.

The Appellants prayed the Court to set their conviction aside on the ground that prosecution failed to prove the essential ingredients of conspiracy to commit robbery and robbery since same are not supported by the evidence on record which makes their sentence harsh.

PROOF OF CONSPIRACY TO COMMIT ROBBERY AND ROBBERY

Counsel for Appellants

Counsel for the Appellants submitted that on the 8th day of May 2024 the Appellants were arraigned before the Circuit Court, Hwidiem on two counts; (1) Conspiracy to co