[1976]DLHC375 • June 24, 1976 • High Court
COMMODORE ALIAS KAYAA vs. THE REPUBLIC
On 30 April 1971, a robbery occurred involving the theft of specie boxes containing over ¢15,000 from paymasters transporting money for the State Housing Corporation workers' wages at Dansoman Estate, Accra. Two men, Alhaji Abdul alias Joseph Barhin and Imoru Kano, were arrested with part of the stolen money. Alhaji Abdul later implicated the appellant, Commodore alias Kayaa, alleging his involvement in planning and sharing the loot. The appellant, a painter employed at the site, was absent from work during the time of the robbery and denied involvement.
read moreJUDGMENT OF TAYLOR J. This is a case of conspiracy to commit robbery contrary to sections 23 (1) and 149 of the Criminal Code, 1960 (Act 29), and dishonestly receiving contrary to section 146 of the said Criminal Code, 1960 (Act 29). The particulars of these offences spelt out in the two counts in the charge sheet are respectively as follows: “Count 1 Martey Commodore, alias James Kayaa: Painter—On or about the 30 of April 1971 at Accra in the Eastern Circuit and within the jurisdiction of this court, did agree together with a common purpose with Alhaji Abdul alias Joseph Barhin, Imoru Kano and others unknwon to commit crime, namely, robbery. Count 2 Martey Commodore alias James Kayaa: Painter— On or about 30 April 1971 at Accra in the Eastern Circuit and within the jurisdiction of this court, did dishonestly receive N¢1,000.00 which you knew to have been appropriated by crime, to wit robbery.” The relevant facts led in evidence are devoid of any complexity an...