FRANCIS KWAME DEMU (APPELLANT) vs. THE REPUBLIC (RESPONDENT)

ADJEI,J.A: The Appellant herein and one other person, Fuseini Abdullai, were charged with the offences of conspiracy to commit robbery and robbery contrary to sections 23 and 149 of the Criminal Code, 1960 (Act 29) (now the Criminal Offences Act) respectively. It was an indictable trial and at the end of the summing up, the jurors returned the verdict of guilty for all the three counts. The trial High Court Judge took into consideration both aggravating and mitigating factors and sentenced each of the accused persons to 30 years imprisonment on each count to run concurrently. The Appellant herein, who was the first accused person before the trial High Court, was convicted of all the three counts, namely: two counts of conspiracy to commit robbery and one count of robbery. The Appellant did not appeal against the decision of the trial High Court, Ho within the one month period provided by law. Section 11(6) of the Courts Act, 1993 (Act 459) which governs criminal appeals from the Hig...