KWAME ABOAGYE vs. THE REPUBLIC

YAW APPAU, J.A. When this case, which is an appeal from the trial High Court, Cape Coast, was first listed before this Court for hearing; it came to light that the record of appeal was incomplete. Firstly, it did not contain the Charge Sheet that indicates the statement and particulars of the offence or offences for which the appellant was charged before the trial court. Secondly, it was without the judgment that was delivered by the trial court leading to the conviction and sentence of the appellant. The only extract in the record which shows that judgment was delivered in the case was the Warrant of Commitment for Sentence which bore the signature of the trial Judge Nana Gyamera-Tawiah, J. (now deceased) dated 28th July 2005. From the record, the appellant was charged with the offence of robbery contrary to section 149 of Act 29 as amended by the Criminal Code Amendment Act, 2003 [Act 646] but not conspiracy to commit robbery as the appellant stated in the notice of appeal. The tr...