YAW BOAKYE v. THE REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- IRENE CHARITY LARBI (MRS.) JA (PRESIDING)
- GEORGINA MENSAH-DATSA (MRS.) JA
- YAW DARKO ASARE JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Mrs. Justice Georgina Mensah‑Datsa authored the Court of Appeal judgment on an appeal from the Sekondi High Court’s conviction of the Appellant for conspiracy to commit robbery. The prosecution proved that, on 20 August 2006 near the Deeper Life Church junction at Effia, the Appellant, Paa Abraham (A2), and an accomplice, Agorg, confronted Leticia Baah, demanded her Nokia 1100 at knifepoint, injured her, and fled; residents apprehended the Appellant, whom Baah identified, and he admitted involvement naming A2 and Agorg. Reiterating that appeals are by rehearing, the court found the identification evidence and overall proof satisfied the beyond‑reasonable‑doubt standard and that conspiracy was established, rejecting arguments on evidentiary evaluation, defence consideration, and jurisdiction. Observing the trial judge’s error in convicting the Appellant on a robbery count despite the charge being conspiracy only, the court applied sentencing factors and Act 646’s framework and reduced the Appellant’s 50‑year sentence on count one to 15 years. Justices Irene C. Larbi and Yaw Darko Asare concurred.
GEORGINA MENSAH-DATSA (MRS.) JA
This is an appeal from the decision of the High Court, Sekondi dated 29th June, 2007 which convicted the Appellant and another of the offences of conspiracy to commit crime, to wit, robbery and robbery contrary to Sections 23(1) and 149 of the Criminal Offences Act, 1960 (Act 29) as amended by Act 646 of 2003.
The Appellant was sentenced to 50 years imprisonment I.H.L. whilst A2 was sentenced to 60 years imprisonment I.H.L.
The Appellant was dissatisfied with the said decision hence this appeal.
The grounds of appeal are as follows:
i. That the trial Court failed to properly evaluate the evidence which formed the basis of the conviction of the Appellant.
ii. That the conviction of the Appellant was based on doubtful identification and the benefit of the doubt should have inured to the Appellant.
iii. That the trial Court failed to give adequate consideration to the defence of the Appellant which has caused miscarriage of justice.
iv. That the Court has no jurisdiction to try the Appellant by a single Judge when the charge against the Appellant was robbery with a sentence of life imprisonment.
v. That the conviction of the Appellant on charge of conspiracy is wrong in law and same was not proved beyond reasonable doubt.
vi. That the sentence is too harsh and excessive having regard to the peculiar circumstances of this case.
vii. Further grounds of appeal shall be filed upon receipt of the records of proceedings.
The relief sought is that the conviction is quashed or in the alternative the sentence be reduced.
The Appellant (then first accused, A1) was arraigned with another (A2) before the High Court, Sekondi on two counts, as follows, count 1, conspiracy to commit crime, to wit, robbery, and A2 alone on count two on robbery.
Although the Appellant was only charged on one count, at page 4 of the Record of Appeal (ROA) his plea was taken on both counts and he pleaded not guilty on both counts.
The brief facts of this case as presented by the Prosecution are that on 20th August, 2006 at about 8:25pm, the complainant who is the victim in this case, (Leticia Baah), PW1, who lives at Christian Hill in Effia left home to see off a visitor. When returning home, and upon reaching a section of the road which is the junction of the Deeper Life Church at Effia, the Appellant, Paa Abraham (A2) and their friend called Agorg (at large) emerged from the bush and confronted the victim. A2 drew out a knife and ordered the vict