[2016]DLCA5064December 15, 2016Court of Appeal

ISAAC ANIM vs. THE REPUBLIC

On 23rd September 2012, the complainant Mr. Gidzi and his fiancée were robbed at gunpoint at their home entrance in Dome, Accra, by armed assailants including the appellant and others. The robbers stole a Toyota Hilux Pickup, electronic devices, and cash. The police arrested the first and second accused persons who implicated the appellant as an accomplice. The appellant was later arrested and admitted to receiving the stolen vehicle and attempting to sell it in Togo. The prosecution alleged the appellant was part of a vehicle snatching syndicate, responsible for receiving and exporting stolen vehicles.

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KANYOKE, J.A.: This is an appeal from the judgment of the High Court, Accra dated 5th December, 2013 in which the appellant and two others were found guilty and convicted of the offences of conspiracy to commit robbery contrary to sections 23(1) and 149 and robbery respectively contrary to section 149 of the criminal and other offences Act 190 (Act 29) as amended. Each of the 1st, 2nd accused persons and the appellant was sentenced to twenty-five (25) years on count one. In addition the appellant was also sentenced on the count of robbery to five (5) years imprisonment. His sentence was to run concurrently. Briefly, the facts leading to the trial conviction and sentence of the appellant are as follows; On the 23rd of September 2012 at about 1.00 a.m., the complainant Mr. Gidzi together with his fiancée were aboard a Toyota Hilux Pick-up with registration number GW.4787Y and were returning to their home at the SSNIT Flat at Dome from a programme at the Banquet Hall of Parliament....