[2014]DLCA3644July 31, 2014Court of Appeal

MAXWELL KOFI GYASI vs. THE REPUBLIC

The appellant, Maxwell Kofi Gyasi, together with two others, was accused of snatching a Nissan Primera taxi from the complainant, Osei Kwadwo, on 9th May 2005 at the Ahamadiya Senior High School gate, Kumasi. The trio hired the taxi, and at the gate, one of them threatened the complainant with a gun, removed the key, and took the taxi away, later abandoning it at Ejisu Kwaso. The police arrested two of the accused the following day after reports of gunfire, but the third escaped. The accused were identified at an identification parade and subsequently tried and convicted for conspiracy to rob and robbery under the Criminal Offences Act.

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GYAESAYOR J.A. The appellant herein was tried and convicted for conspiracy to rob and robbery contrary to Section 23(1) of the Criminal Offences Act, Act 29 of 1960 and Section 149 of the same Act as amended by Act 646 of 2003. FACTS The appellant together with two others were said to have snatched a Nissan Primera from the complainant one Osei Kwadwo on 9th May 2005 at the Ahamadiya Senior High School gate, Kumasi. This was after they had hired the taxi cab of complainant. At the gate, the three came down while one of them removed a gun and threatened to kill him. A3 removed the key and they took the taxi away and abandoned it at Ejisu Kwaso. The following morning the police had information that some people were firing guns indiscriminately and they went there to arrest A1 and A2 but could not arrest A3 who bolted away. Accused persons were identified at an identification parade held by the police. They were subsequently tried and convicted and sentenced to 21 years im...