[1971]DLCA2127 • April 2, 1971 • Court of Appeal
KWASHIE AND ANOTHER vs. THE REPUBLIC
The appellants, both police officers stationed at Tema New Town Police Station, were charged with conspiracy to steal and stealing contraband goods including tobacco, matches, and cigarettes valued at N¢3,171.00. On 14 April 1967, they booked themselves out of the police station under the pretense of going on enquiries, coordinated with accomplices, and seized contraband goods from a private residence after presenting a purported search warrant. The goods were transported and stored at a private house rather than the police station. Only one case of tobacco was recovered during investigation; the rest remained missing. The appellants were convicted by a jury and sentenced to seven years' imprisonment with hard labour.
read moreAzu Crabbe J.A. delivered the judgment of the court. On 2 May 1969, at the Criminal Session of the High Court, Accra, before Edward Wiredu J., sitting with the aid of a jury, the two appellants and four others, were arraigned on an indictment containing three counts. The first and second counts, in so far as these concern the two appellants, read as follows: “FIRST COUNT STATEMENT OF OFFENCE Conspiracy to Steal: Contrary to s. 23 (1) and s. 124 of the Criminal Code Act 29/60. PARTICULARS OF OFFENCE No. 6445 GC/2 CHRISTIAN KWASHIE, No. 5140 EC/3 PETER A. ADJAWOO, No. 14682 EC/3 YAW WORNOO, AUGUSTINE KWAME MENSAH, KOFI NARTEY, TEI OTIBOE, On or about the 15th day of April, 1967 at Akama, village near Tema, acted together with a common purpose in committing a crime, to wit, stealing. SECOND COUNT STATEMENT OF OFFENCE Stealing: Contrary to s. 124 of the Criminal Code Act 2960. PARTICULARS OF OFFENCE No. 6445 GC/2 CHRISTIAN KWASHIE, No. 5140 EC/3 PETER ADJAWOO, No. 14682 EC/3 YAW WORNO.....