[2015]DLCA8038 • December 15, 2015 • Court of Appeal
KWAME MENSAH AND KWABENA ASARE vs. THE REPUBLIC
The appellants, Kwame Mensah and Kwabena Asare, were convicted by the High Court, Koforidua, sitting with a jury, for conspiracy to rob, robbery, conspiracy to rape, and rape. On or about 30 August 2007 at Domeabra, Nkwawkaw in the Eastern Region, they armed themselves with a gun, pistol, and cutlass, broke into a house by smashing doors with cement blocks, assaulted several victims including Margaret Serwah, and forcibly had sexual intercourse with her without consent. They stole various items and terrorized the victims. The appellants were identified during an identification parade and sentenced to 30 years imprisonment for conspiracy to rob and robbery, and 15 years imprisonment for rape, sentences to run concurrently.
read moreL. L. MENSAH, J.A. This is an appeal by the Appellants who were convicted by Suurbaareh J (as he then was) sitting with a Jury on 29th November 2010 at High Court, Koforidua for the offences of conspiracy to rob, and robbery, and conspiracy to rape and rape. The particulars of the offences are that the two Appellants on or about the 30th day of August 2007 at about 1.30 a.m. at Domeabra, Nkwawkaw in the Eastern Region did agree together with a common purpose to commit robbery. The third and 4th counts are that the two Appellants on or about 30th August 2007 at about 1.30 a.m. did agree together with a common purpose to forcibly have sexual intercourse with Margaret Serwah without her consent, and did forcibly have sexual intercourse with the said Margaret Serwah. After full trial the two Appellants as aforementioned were sentenced to 30 years imprisonment for conspiracy to rob and robbery. The 2nd Appellant was however with first Accused sentenced to 15 years imprisonment...