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June 20, 2023
HIGH COURT
GHANA
CORAM
Before this Court is an Appeal against the judgment of the Circuit Court, Aflao dated 11th July, 2011. The Appellant herein was charged with the offence of conspiracy to commit crime to wit, robbery, contrary to Section 23(1) of Act 29 and Robbery contrary to Section 149 of Act 29. FACTS On 19th January, 2011, the Appellant and another person allegedly hired a Daewoo taxi cub with registration number GN2762-10 at Kasoa to Nyanyano in the Central Region.
At a section of the road, the appellant allegedly pulled and pointed a pistol on the taxi cab driver ordering him to stop and surrender the car key to the Appellant.
The driver of the cab obliged and after handing over the key to Appellant, attempted to escape.
He was however pursued and beaten to the point of unconsciousness by the Appellant and his accomplice.
The Appellant and his accomplice drove the taxi cab away leaving the taxi driver for dead.
The Appellant allegedly hid the car in a house in Accra and refused to show the Police the house in which the car was being kept since his trial and conviction.
Sometime in February, 2011, at about 10: 00pm, whilst the Appellant and his accomplice were driving the car to Aflao, the Kasseh Police arrested the Appellant for driving with an expired license and also one head light at night.
During the arrest of the Accused/Appellant, the accomplice managed to escape.
Later, the Appellant managed to reach Aflao.
Appellant allegedly sought the assistance of one Togbui Adorkor II to negotiate with the Police so that they would release the taxi cab but after being alerted by Togbe, the Police went with him, Torgbui to Kasseh and took the car to Dzodze.
Three operatives, of the National Security in Aflao purportedly succeeded in luring the Appellant to Dzodze where the Appellant was arrested.
When a search was conducted at the Appellant’s residence, the Police found a Barclays Bank Cheque book which belonged to one Kwesi Boafo Larbi of Bolgatanga.
The owner of the taxi was traced to Senya Bereku.
After investigations, the Appellant was charged on 10th March, 2011 after being arraigned before the Circuit Court, Aflao, with the following charges: i) Conspiracy to commit crime to wit Robbery contrary to Section 23(1) of Act 29 and ii) Robbery Contrary to Section 149 of Act 129 On 11th July, 2011, the Circuit Court Judge gave his decision convicting the Appellant of both charges, supra and consequently sentenced him to a term of forty-five years 1. H. L. for t
AI Generated Summary
This High Court appeal, presided over by Justice Naana Bedu‑Addo, challenged the Circuit Court, Aflao’s 11 July 2011 conviction and sentence of an appellant for conspiracy to commit crime to wit robbery and robbery under Act 29. The record shows the appellant and another hired a Daewoo taxi GN2762‑10 at Kasoa, brandished a pistol at the driver, beat him unconscious, and drove the cab away, later hidden in Accra. The Kasseh Police arrested the appellant for traffic offences; his accomplice escaped. The appellant enlisted Togbui Adorkor II; National Security operatives lured him to Dzodze, where he was arrested, and a Barclays Bank cheque book belonging to Kwesi Boafo Larbi was found at his residence. On appeal, he sought mitigation of the 45‑year sentence, citing Kamil, Apaloo, Kwashie, Frimpong alias Iboman, and Abu. The Republic argued about conspiracy and defended deterrent sentencing. The Court held conspiracy could stand on evidence of uncharged accomplices and affirmed the lawful, deterrent 45‑year term; the appeal was dismissed.