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THE REPUBLIC v. BALLA FULANI & ORS

July 30, 2010

HIGH COURT

GHANA

CORAM

  • F. KUSI-APPIAH, J.A.

Areas of Law

  • Criminal Law and Procedure
  • Evidence Law

AI Generated Summary

Justice F. Kusi-Appiah (Justice of Appeal) tried five accused4Balla Fulani, Amadu Ahejo, Abdulai Fuseini, Fuseini Amadu, and Charles MacCarthy4on charges of conspiracy to commit robbery and robbery arising from a violent home invasion at Old Water Works near Akuse on 5 October 2003. Eyewitnesses PW1 (Teye Ameko MacCarthy), PW2 (his daughter Happy MacCarthy), and PW3 (his son Jacob Yao MacCarthy) described armed entry, threats to produce money, indiscriminate gunfire, cutlass wounds inflicted by A1 and A5, and ransacking of PW1s room resulting in theft of a2144,800,000 old cedis, a shotgun, and cartridges. Identification parades, caution and charge statements, medical reports, and photographs corroborated the events. Applying the chain theory of conspiracy and statutory definitions under Act 29, the court found coordinated action and use of force to overcome resistance. Finding defense alibis not credible due to inconsistencies, the court convicted all five and imposed concurrent 20-year imprisonment terms, considering Article 14(6) of the Constitution.

JUDGMENT