REPUBLIC v. SAMUEL ABEKU TURKSON

DOMAKYAAREH (MRS), J.A

[1] This is an appeal from the judgment of the High Court, Cape Coast in the exercise of its Appellate jurisdiction dated 26th July 2018. The events leading to the instant appeal are that the Appellant and three others A2, A3 and A4 (A4 being at large) were arranged before the Circuit Court, Cape Coast and jointly charged with two offences, namely: 1. Conspiracy to commit crime, to wit, robbery contrary to Section 23(1) of Act 29/60 and Section 149 of Act 29/60 as amended by Act 646 of 2004; and 2. Robbery contrary to Section 149 of Act 29/60 as amended by Act 646 of 2004. The Appellant alone was also charged with one Count of Possession of Firearms without lawful excuse contrary to Section 192(1) of Act 29/60 as substituted by paragraph 11 of NLCD 398.

[2] The salient facts which triggered the prosecutions were that on the night of 30th November 2010, the Appellant (A1 therein) and the three others in masks, attacked the Complainant with guns and knives at his Residence and demanded that he should give them all his money. The Complainant refused. A struggle then ensued between him and the Appellant in the course of which the Appellant drew out his gun and pointed it at the Complainant and threatened to shoot him. A2 who happened to be the biological brother of the Complainant, sensing that the Appellant will shoot his brother, hit the gun from the Appellant’s hand and the gun fell down. They attempted to flee the scene but the Complainant managed to get hold of A2 and with the help of PW2 unmasked him and subsequently handed him over to the Police. The Appellant, A3, and A4 who managed to flee the scene were later arrested by the Police. Upon a search at the Appellant’s house after his arrest, the Police retrieved an unregistered locally manufactured gun and 12 cartridges. A4 has remained at large till date.

[3] A1, A2 and A3 all pleaded not guilty to the charges. At the end of the trial at the Circuit Court, the Appellant (A1 therein) and A4 were convicted on count 1. The Appellant was sentenced 15 years imprisonment. The Appellant alone was convicted on count 2 and sentenced to 25 years imprisonment. The Appellant was also convicted on count 3 and sentenced to 15 years imprisonment. All the sentences were to run concurrently.

[4] The Appellant appealed against both his conviction and sentence to the High Court on 24th February 2017 pursuant to leave granted by the Court on 1st February 2017. On 26th July 2018, the Appe