[2017]DLCA5004 • November 30, 2017 • Court of Appeal
JOSHUA OTI ACHAMFOUR (APPELLANT) vs. THE REPUBLIC
The appellant, Joshua Oti Achamfour, was convicted alongside others for conspiracy to commit robbery and attempt to commit robbery against a complainant who was a businessman and uncle to some co-accused. The plan involved the accused persons conspiring to rob the complainant of a sum of GH₵5,800.00. The prosecution's case included evidence of meetings to plan the robbery, surveillance of the complainant's movements, and an attempted robbery on 12th January 2009, which was foiled by police intervention. The appellant was identified as participating in the planning and the attempted robbery, escaping arrest at the scene.
read moreDOMAKYAAREH (MRS), J. A. 1. This appeal is against the judgment of the Kumasi High Court, dated 19th October 2009. In the said judgment, the appellant, was convicted of Conspiracy to commit Robbery contrary to Sections 23(1) and 149 of Act 29/60 and Attempt to commit Robbery contrary to Sections 18(2) and 149 of Act 29/60. The appellant was then sentenced to 15 years Imprisonment with Hard Labour (IHL) on each count with the sentences to run concurrently. 2. There were five accused persons. The appellant was A2 the second accused. The prosecution subsequently entered a Nolle Prosequi in respect of the 3rd and 4th accused persons and they were accordingly discharged. A1 and A5 were convicted of the respective offences for which they were charged but they have not appealed. The facts of the case are that the complainant is a businessman resident at Patase and is the uncle of the 1st and 5th accused, now convicts. They live at Pankrono. They had previously stayed with the compla...