AUGUSTINE ADDO AGYEI vs. THE REPUBLIC

YAW APPAU, J.A. The appellant in this case was charged together with three (3) others on two counts of Conspiracy to commit the offence of robbery and robbery; contrary to sections 23 and 149 of the Criminal Offences Act, 1960 [Act 29] as amended. He, like the others charged with him, pleaded not guilty to the charges, thus placing a burden on the prosecution to prove the charges against them. The prosecution called four witnesses while the appellant and the others testified separately when called upon by the trial court to do so at the close of the prosecution’s case. The appellant did not call any witness in support of his defence. At the close of proceedings, the trial court found the appellant and two out of the three others guilty of the charges and convicted them accordingly. They were each sentenced to 20 years IHL on each count to run concurrently. The fourth person who was listed as ‘4th accused’ on the charge sheet was, however, acquitted and discharged for lack of ev...