YAW MARFO v. REPUBLIC
2018
COURT OF APPEAL
GHANA
CORAM
- ADUAMA OSEI, JA (PRESIDING)
- DZAMEFE, JA
- M. WELBOURNE, JA
Areas of Law
- Criminal Law and Procedure
- Evidence Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellants were charged with multiple offenses, including conspiracy to commit robbery and robbery. The first accused was convicted based on a confession and sentenced to 25 years. On appeal, the first accused argued that the confession was improperly admitted, and the sentence was harsh. The court reduced the sentence to 15 years, noting that although the confession was voluntary, a mini-trial should have been held to establish this given the appellant's objection. The principles established include the necessity of voluntary confessions, the requirement for mini-trials when voluntariness is disputed, and the need for courts to acknowledge pre-sentencing custody periods. The court maintained the conviction but reduced the sentence due to its harshness.
DZAMEFE, JA
The appellants and others were charged with the following offences: Conspiracy to commit Robbery and Robbery contrary to Sections 23(1) and 149 of Act 29/60 as Amended by Act 646/2003
COUNT 1
STATEMENT OF OFFENCE
CONSPIRACY TO COMMIT ROBBERY; CONTRARY TO SECTIONS 23(1) AND 149 OF ACT 29/60 AS AMENDED BY ACT 646/2003.
PARTICULARS OF OFFENCE
1. YAW MARFO: APPRENTICE WELDER, 2. AKWASI THOMAS ALIAS 2-FACE: SHOEMAKER, 3. KWAME ASUO (AT LARGE): For that you on the 26th day of January, 2006 at about 2.30am at Amakom Abrotia in the Ashanti Region and within the jurisdiction of this Court, did act together with a common purpose to commit crime to wit Robbery.
COUNT 2
STATEMENT OF OFFENCE
ROBBERY: CONTRARY TO SECTION 149 OF ACT 29/60 AS AMENDED BY ACT 646/2003.
PARTICULARS OF OFFENCE
1. YAW MARFO: APPRENTICE WELDER, 2. AKWASI THOMAS ALIAS 2-FACE: SHOEMAKER, 3. KWAME ASUO (AT LARGE): For that you on the 26th day of January, 2006 at about 2.30am at Amakom Abrotia in the Ashanti Region and within the jurisdiction of this Court, did rob one MAXWELL WIREDU of his cash, an amount of four hundred thousand cedis (¢400,000.00).
COUNT 3
STATEMENT OF OFFENCE
ABETMENT OF ROBBERY: CONTRARY TO SECTIONS 20 (10 AND 149 OF ACT 29/60 AS AMENDED BY ACT 646/2003).
PARTICULARS OF OFFENCE
KASIM OLDMAN AZANA ALIAS 50 CENT: BUTCHER: For that you on the 25th day of January, 2006 in Kumasi in the Ashanti Region and within the jurisdiction of this Court, did facilitate the commission of Robbery by providing Yaw Marfo and Akwasi Thomas with a gun.
COUNT 4
STATEMENT OF OFFENCE
POSSESSION OF FIREARM WITHOUT AUTHORITY: CONTRARY TO SECTIONS 1 AND 11 OF ARMS AND MMUNITION DECREE, 1972 (NRCD 9) AS AMENDED BY ARMS AND AMMUNITION (AMENDMENT) ACT 1996.
PARTICULARS OF OFFENCE
KASIM OLDMAN AZANA ALIAS 50 CENT: BUTCHER: For that you on the 25th day of January, 2006 in Kumasi in the Ashanti Region and within the jurisdiction of this Court, did possess firearm without lawful authority.
FACTS
The complainant is a taxi driver in charge of KIA PRIDE number AS 4760W and he lives at Atonsu in Kumasi. On 26/01/2006 at about 2.30am. The complainant was hired by A1, A2 and A3 now at large to take them to Amakom Abrotia for which the complainant charged ¢15,000.00 and later reduced it to ¢10,000.00. A1 sat in front of the vehicle while A2 and A3 sat at the back. At a place in front of Abrotia JSS, the accused asked the complainant to stop. Then the complainant stopped. A1 pulled