[2016]DLCA8447October 26, 2016Court of Appeal

YAW AMOABENG vs. THE REPUBLIC

ADJEI, J.A: The Appellant herein and four other persons were charged with conspiracy to commit crime to wit robbery contrary to Section 23(1) and 149 of Act 29/60 as amended by the Criminal (Amendment) Act 2003 (Act 646) and assault contrary to Section 84 of Act 29/60. The five persons including the Appellant herein were charged and arraigned before the High Court Koforidua. The 1st Accused person was Joshua Kwadwo Asare and the Appellant herein was the 2nd accused person. The 3rd, 4th and 5th accused persons were at large and not tried. The 1st Accused person pleaded guilty with explanation to all the three counts. The Appellant herein on the other-hand, pleaded guilty to all the three counts. The facts of the case were that the 1st Accused person was a student and the Appellant was a driver. Both of them were intimate friends. On 23rd February, 2009, the 1st Accused person and the Appellant herein together with the other three Accused persons at large had a meeting in which they a...