[2019]DLHC10112July 4, 2019High Court

GODSON MANTEY vs. THE REPUBLIC

On 29 March 2012 at about 10:45pm in Tema, the appellant, Godson Mantey, with three others, used arms to rob a woman (PW1) of her Honda CRV vehicle and personal belongings including a Samsung mobile phone and cash. The victim and her son were threatened with a gun, and the vehicle was driven away with the victim inside before she was thrown out. The vehicle was later repainted and sold in Togo. The appellant was arrested during another robbery incident where a police officer and an accomplice were killed. At an identification parade, the victim identified the appellant as one of the robbers and identified her stolen mobile phone in his possession.

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1.0 Background 1.1 This is a criminal appeal from the Circuit Court (1) Accra against the judgment of the court dated 29 February 2016 that convicted the appellant herein and two other persons on charges of conspiracy and robbery contrary to s. 23(1) and s.149, Criminal & Other offences Act, 1960 (Act 29) respectively. Appellant was sentenced to a term of 32 years imprisonment in hard labour (IHL). 1.2 The brief facts are that on 29 March 2012 at about 10:45pm at Tema the appellant herein in the company of three others by the use of arms robbed a lady, the complainant in the case (PW1) of her vehicle Honda CRV registered as GT 2882-12 when the complainant was entering her house with her son who had alighted from the vehicle to open the entrance gate to the house. With gun pointed at the son to lie on the ground face down, the four drove off the vehicle towards Community 22 - Mitchel Camp road with the lady owner still seated at the front seat. The lady was later thrown out of th...