[1961]DLSC10224 • December 25, 1961 • Supreme Court •
COMMISSIONER OF POLICE vs. SARPEY AND NYAMEKYE
The appellant Kofi Sarpey, a general police constable, was charged with aiding and abetting the theft of two cases of blouses valued at £G222 15s, property of Palm Line Agencies Ltd. The theft was committed by others, and Sarpey's involvement was limited to allowing the vehicle carrying the stolen goods to pass unchecked. The appellant's participation occurred after the theft had already taken place. The second appellant, Afua Nyamekye, was charged with dishonestly receiving stolen property but was erroneously convicted of uttering a forged waybill, an offence she was not charged with and to which she pleaded not guilty.
read moreSarkodee-Adoo, J.S.C. delivered the judgment of the court. The appellant Kofi Sarpey who is a general police constable was charged in count 3 with aiding and abetting Kodjo Koranteng, a delivery clerk, Felix Lamptei, a delivery clerk, and James Amoo Nelson, a lorry driver in the commission of the offence of stealing. The three named persons were charged with conspiracy to steal in count 1, and in count 2 with stealing two cases of blouses valued at £G222 15s, the property of the Palm Line Agencies Ltd.; in count 4 Felix Lamptei was charged with the forgery of waybill No. 5646; and Felix Lamptei and James Amoo Nelson were charged with uttering the said waybill in count 5. The part taken by the appellant is not in dispute and as such for the purposes of this judgment it is unnecessary to recapitulate in detail the facts thereof save to state that a charge of conspiracy had earlier been withdrawn against the appellant and the evidence clearly shows that at the time he became involved o....