RAPHAEL ADZINI vs. THE REPUBLIC

APALOO JA; The Appellant was charged together with two others with conspiracy to commit Robbery contrary to sections 23(1) and 149 of the Criminal Offences Act (Act 29/60) as amended by Act 646. For the record it will be appropriate to state that in the Court below the first accused, convict Aaron Tay alias Elorm was alone charged with two counts of Robbery in the same trial. At the end of the trial the three accused persons including the Appellant were convicted on the charge of conspiracy to commit Robbery and were sentenced to various terms of imprisonment. The Appellant was sentenced to 18 years IHL. Pursuant to this conviction and sentence the Appellant has appealed to this court on the following grounds; “1. The Judgment and conviction of the Appellant are unreasonable having regard to the evidence before the Court. 2. The learned trial Judge erred in law by refusing to follow Arhin @ Paul Mall vrs The Republic [1995-96] 1 GLR 190 CA holding one, and in preferring to fo.....