[2015]DLCA7032February 12, 2015Court of Appeal

GAMELLI VINOTOR @ GABOO & ANOR vs. THE REPUBLIC

GERTRUDE TORKORNOO, J. A Section 149 of the Criminal Offences Act 1960 Act 29 provides that: 149. A person who commits robbery commits a first degree felony’ Section also defines robbery as: 150. A person who steals a thing commits robbery — 'a. if in and for the purpose of stealing the thing, that person uses force or causes harm to any other person or b. if that person uses a threat of criminal assault or harm to any other person, with intent to prevent or overcome the resistance of the other person to the stealing of the thing’. The facts of this case are that at about 2am of 18th January 2009, a group of armed men violently attacked the house of the complainant and PW1, one John Kofi Mensah, an Executive Banker with Unibank Ghana Ltd. After assaulting the security guard called Isaac Annan, PW2 in the house, and taking GH¢150 (One Hundred and Fifty Ghana cedis) off him, they entered the outhouse where the children and other relatives of the complainant lived. Th...