[2015]DLCA8002December 15, 2015Court of Appeal

KOFI JOE @ JOE vs. THE REPUBLIC

ADJEI, J.A: The Appellant herein was the 4th Accused person in the Criminal suit that was determined by the High Court, Koforidua. The first to fifth accused persons before the trial High Court were charged with conspiracy to commit robbery, and robbery. The 1st and the fifth accused persons pleaded guilty with explanation to the charges of Conspiracy to commit robbery and robbery. The second, third and the 4th accused persons; (the appellant herein) pleaded not guilty to all the three counts of conspiracy to commit robbery and robbery. The first and fifth persons in their explanation admitted that they stole a bag from the complainant who had then slept in his car. Their case was that they neither used threat nor weapon even though they took away the bag from the complainant when he was asleep in his car as Nkwakwa Township. The account of the accused person was at variance with that of the prosecution. The facts as presented by the prosecution were that the complainant by name Sa...