[2016]DLCA5170February 29, 2016Court of Appeal

KOFI DARGATI, KADRI (AT LARGE) AND PROVY (AT LARGE) (APPELLANT) vs. THE REPUBLIC

AYEBI, JA 1. The appeal is against the judgment of a Kumasi High Court presided over by Justice K. A. Pobih dated 7th December 2006. At the trial court, the appellant and two others who were at large, were charged with two counts of conspiracy to commit crime to wit, robbery contrary to sections 23(1) and 149 of Act 29/60 and robbery contrary to section 149 of Act 29/60 as amended. The particulars of the offences state that on 3rd December 2006 at the Neoplan Station at Asafo in Kumasi, accused acted together in committing the crime of robbery and at knife point robbed Raymond Ayi-Naaba of cash the sum of ¢500,000.00 and Nokia 1600 mobile phone valued ¢700,000.00. 2. On arraignment before the court, the appellant as per the record pleaded guilty simpliciter to the two counts. After the presentation of the facts, the court’s record showed that the appellant made a statement perhaps in explanation of his plea. He stated thus: “I and Kadri (A2) live in the same room. The thr...