Yaw Brobbey @ Oyibo & ANOTHER v. The Republic
December 21, 2018
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, (J.A.) - Presiding
- KWOFIE, (J.A.)
- GAISIE, (J.A.)
Areas of Law
- Criminal Law and Procedure
- Evidence Law
December 21, 2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Ghana Court of Appeal decision, authored by Mariama Owusu, J.A., reviews convictions and sentences arising from a January 4, 2010 robbery at Ampabeng involving complainants connected to Micro Mobile Links. The High Court had convicted several accused and imposed concurrent 35-year terms. On appeal, the appellants challenged the severity of sentence and, for the second appellant, the evidentiary basis of his conviction. The Court examined sentencing discretion and mitigating considerations, including the first appellant’s youth (21) and first-offender status, and applied guidance from Frimpong alias Iboman on the purposes of sentencing and when reduction is warranted, noting no injuries occurred though gunshots were fired. For the second appellant, the Court found the prosecution failed to investigate his alibi and improperly relied on an uncorroborated co-accused statement without judicial warning, creating reasonable doubt. The Court reduced the first appellant’s sentence to 20 years (concurrent) and acquitted and discharged the second appellant, ordering his immediate release.
MARIAMA OWUSU, J. A.
On 27th July, 2010, the High Court, Kumasi found the accused persons guilty on two counts of robbery and conspiracy to commit robbery and convicted them accordingly.
Each accused person was sentenced to thirty-five (35) years IHL to run concurrently.
Dissatisfied with the decision of the trial court, the appellants before us filed notice of appeal pursuant to leave granted by the Court of Appeal dated 20th March, 2017 against the sentences.
The Grounds of Appeal are: -
a. The trial court failed to consider the various mitigating factors in passing its sentence b. That the sentence is excessively onerous.
The relief sought from the Court of Appeal is: To reduce the Honourable Court’s said sentence dated 27th July, 2010. The facts giving rise to the prosecution and the subsequent conviction and sentences as presented by the prosecution are that: -The two appellants and five (5) others were arraigned before the High Court on one count of conspiracy to commit robbery contrary to Sections 23 (1) and 149 of Act 29/60 and two counts of Robbery contrary to Section 149 of Act 29/60 as amended by Act 646/2003. When the seven accused persons were arraigned before court, two were at large.
The remaining five including the two appellants before us all pleaded NOT GUILTY to the offences charged.
According to the prosecution, the first complainant in this case is a Sales Manager of Micro Mobile Links which has its office at Daban and he lives at Adowato.
The second complainant is a friend of the first complainant and she lives at Ampabeng.
On 4th January, 2010, first complainant after close of work arrived at the house of second complainant on a visit.
Whilst the complainants were seated in the first complainant’s Toyota Saloon car with registration No. AS 3469– 09, they were suddenly attacked by the accused persons.
The second accused was the one holding the gun at the time and pointed it on the complainants and ordered them out of the car.
He also searched the complainants and took away their mobile phones and money.
First complainant had Gh¢15. 00 on him.
Second complainant in the cause of the altercation suddenly dashed into the house to raise an alarm.
Accused persons sensing danger jumped into the Toyota Saloon car which had Dell Laptop in it and drove away.
The complainants reported the matter to the police.
On 3rd March, 2010, 1st accused was arrested in connection with another robbery and when he was being investigated, he