[2015]DLCA8414 • October 28, 2015 • Court of Appeal
THE REPUBLIC vs. ELVIS OPOKU KYEI @ AZOR
SOWAH, J.A: The appellant was convicted by the High Court, Koforidua on 21st July 2010 on charges of Conspiracy to commit crime and Robbery contrary to section 23(1) and section 149 respectively of the Criminal Offences Act 1960, Act 29. The brief facts of the case are that on 10th June 2008 five masked armed men attacked a house and robbed the inmates. There was no arrest that night but one of the victims [PW1] said that she could identify one of the robbers who had removed his mask during the robbery. About a month after the robbery, the appellant went to a shop to make a purchase. PW1 who was a cashier at the store saw the appellant, alleged that she recognized him, and informed PW3 who caused his arrest. The appellant was charged with four others at large. He pleaded ‘not guilty’, was tried, convicted and sentenced to 30 years imprisonment on each count to run concurrently Aggrieved with his conviction and sentence, the appellant filed a petition of appeal on 28th July 20...