[1971]DLCA2186 • July 16, 1971 • Court of Appeal
ADU BOAHENE vs. THE REPUBLIC
The appellant was convicted of conspiracy and robbery following an incident on 7 November 1969, where the victim, William Kyei Appiah, a petrol dealer, was violently robbed by three men including the appellant. The victim was attacked and his bag containing money and documents was stolen. The appellant was identified by the victim and another witness, Clement Osae Asiedu, who saw the appellant fleeing the scene. The appellant denied involvement, claiming mistaken identity and stating he was at home before the robbery occurred.
read moreAzu Crabbe J.S.C. delivered the judgment of the court. The appellant was convicted on 6 November 1970 at the Eastern Region Criminal Sessions held at Accra upon an indictment containing two counts: one for conspiracy, and another for robbery, and was sentenced by Koi Larbi J.S.C. (sitting as an additional judge of the High Court) to five years’ imprisonment with hard labour on the first count, and fifteen years’ imprisonment with hard labour on the second count, the sentences to run concurrently. The facts, so far as they are relevant, can be shortly stated. The victim of the robbery, William Kyei Appiah, was a petrol dealer of the Agip (Ghana) Ltd., and his petrol station was on the Cantonments Road, Osu, Accra. On 7 November 1969 at about 9 p.m. he left the petrol station for his house, and carried in his hand a bag containing money and some documents. On the way he met two young men coming from the opposite direction, and after he had passed them, he looked behind and noticed...