[2017]DLCA4796 • November 30, 2017 • Court of Appeal
AUGUSTINE OSEI vs.THE REPUBLIC
On 8th October 2012, the complainant was robbed at night near KNUST by a group of about ten masked and armed men who took his motorbike, mobile phones, cash, and sexually assaulted the pillion rider. Three days later, the complainant spotted the appellant riding the stolen motorbike at a washing bay and raised an alarm leading to the appellant's arrest. Initially charged with conspiracy to rob and robbery, the charges were withdrawn and replaced with one count of dishonestly receiving stolen property. The appellant pleaded not guilty but was convicted after trial.
read moreE. K. AYEBI, J. A. The trial court in this appeal is the Circuit Court, Kumasi. Initially the appellant and ten others who were at large, were charged with three counts of conspiracy to rob contrary to Section 23(1) and 149 of Act 29/60 and robbery contrary to Section 149 of Act 29/60. The appellant pleaded not guilty to the charges. After the first prosecution witness gave evidence, the charges were withdrawn and the appellant alone was charged with one count of dishonestly receiving contrary to Section 146 of Act 29/60. Appellant pleaded not guilty to this charge too. But after full trial, the Circuit Judge in a well laid out and reasoned judgment, found him guilty and convicted him on 17th October, 2013. Dissatisfied with the conviction, appellant appealed to the High Court on six grounds. The High Court as a function of re-hearing, reviewed the evidence on record and dismissed the appeal against both conviction and sentence on 13th February 2014. The appeal to this court i...