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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

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.

JUDGMENT