[2009]DLCA8921 • June 25, 2009 • Court of Appeal
GEORGE ABORMEGAH vs. THE REPUBLIC
The appellant, George Abormegah, was charged jointly with Charles Modzaka for conspiracy to rob and robbery of computers from Phase Two Company Ltd. Modzaka, a former employee dismissed for unsatisfactory performance, planned to rob his former employer. On 19 February 2006, the appellant drove Modzaka to the company premises where Modzaka unlawfully entered and stole computers. The appellant remained outside, later assisting in packing the stolen goods and moving them to a hideout. The watchman was found dead with a crushed skull, and stolen computers were missing from the premises. The police investigation led to the arrest and charges against both accused persons.
read moreAPALOO JA; The appellant was charged jointly with one other person before the High Court presided over by Charles Quist J. with the offences of conspiracy to rob and robbery contrary to Sections 23(1) and 149 respectively of the Criminal Code, 1960 Act 29 as amended by the Criminal (Amendment) Code 2003 Act 646. The appellant pleaded not guilty to both charges and was tried summarily. At the end of the trial he was convicted and sentenced to a term of 40 years on each count to run concurrently in hard labour. This appeal is against the conviction and sentence. In his notice of appeal against conviction and sentence, the appellant filed the following grounds of appeal to wit; “(1) The conviction is unreasonable and cannot be supported having regard to the evidence. (2) There was a substantial miscarriage of justice. (3) The sentence is harsh and excessive having regard to the fact .....