YAW AMOABENG v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- ADJEI, JA – PRESIDING
- SOWAH, JA
- MENSAH, JA
Areas of Law
- Criminal Law and Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Appellant and another individual were convicted of conspiracy to commit robbery and assault. The Appellant's initial sentence of 30 years was deemed excessive, taking into account his guilty plea and the recovery of the stolen taxi. The sentence was reduced to 20 years. The appeal highlighted the importance of considering mitigating factors such as guilty pleas in determining sentences.
ADJEI, J.A:
The Appellant herein and four other persons were charged with conspiracy to commit crime to wit robbery contrary to Section 23(1) and 149 of Act 29/60 as amended by the Criminal (Amendment) Act 2003 (Act 646) and assault contrary to Section 84 of Act 29/60. The five persons including the Appellant herein were charged and arraigned before the High Court Koforidua.
The 1st Accused person was Joshua Kwadwo Asare and the Appellant herein was the 2nd accused person. The 3rd, 4th and 5th accused persons were at large and not tried. The 1st Accused person pleaded guilty with explanation to all the three counts. The Appellant herein on the other-hand, pleaded guilty to all the three counts.
The facts of the case were that the 1st Accused person was a student and the Appellant was a driver. Both of them were intimate friends. On 23rd February, 2009, the 1st Accused person and the Appellant herein together with the other three Accused persons at large had a meeting in which they agreed to rob a certain man they had spotted at Kukurantumi Township of his brand-new Opel Astra Taxi cab with No. As 1826 Y. When the victim parked his said taxi cab at the taxi station to wait for passengers, the 1st and the 2nd Accused persons went and had a chat with the driver of the taxi cab by name Annor Alisha. The 1st and 2nd Accused persons boarded the taxi cab from Kukurantumi to Ankaase. After the taxi cab had got to the Moslem cemetery on the Kukurantumi-Asafo Motor road, one of the Accused persons informed the driver of the taxi cab to stop for him to urinate. It was then around 8.20 pm. The driver suspected a foul play, refused to stop and decided to turn back towards Kukurantumi to prevent the commission of the crime.
The 1st Accused person slapped the driver from behind as he was then seated on the passenger seat behind the driver. The Appellant herein who was then seated on the passenger’s side in front of the taxi cab held the steering wheel and removed the key. Not knowing to the driver of the taxi cab, the other three Accused persons who are at large had laid ambush at the Muslim Cemetery to help the 1st and 2nd Accused persons to rob the complainant of his taxi cab. In the course of struggling with the taxi driver, the 3rd, 4th and 5th Accused persons emerged from the bush and helped the 1st and 2nd Accused persons to push the driver from the taxi cab. They also assaulted the driver before they were able to overpower him. They chased the driver into the