[2016]DLCA8565 • November 25, 2016 • Court of Appeal
MARK ADASE vs. THE REPUBLIC
MARFUL-SAU, JA:- The appellant in this appeal together with another were tried on two counts of conspiracy to commit robbery and robbery contrary to section 23 (1) and section 149 of the Criminal Offences Act, 1960 (Act 29 ), as amended by Act 646 of 2003. On the 21st November 2013, the appellant was convicted by the High Court, Accra and sentenced to 20 years. On the 15th of February, 2016, this court upon an application granted the appellant leave to appeal against his sentence. By the Notice of Appeal filed on the 19th February 2016, appellant grounded his appeal against the sentence on the fact that no life or property was lost as a result of the robbery; that the appellant was a youth of 30 years old at the time the crime was committed and also that appellant was a first offender. Counsel for the appellant also attached a medical report dated 14th December 2015, to his written submission indicating that the appellant is suffering from a disease known as Lipoma of the left upper a...