HAMMAH MOHAMMED vs. THE REPUBLIC

POKU-ACHEAMPONG, J.A.: This is an appeal against the judgment of the High Court Sunyani dated 4th December 2006. The Appellant was arraigned before the High Court with another person on a charge of Dishonestly Receiving contrary to Section 146 of the Criminal Offences Act, 1960 (Act 29). He pleaded guilty with explanation and after a consideration of the explanation the Trial Judge entered a plea of not guilty for him. A Nolle Prosequi was filed in respect of the Second Accused and he was eventually used as a prosecution witness. FACTS: The facts of the case were provided by the Prosecution as follows: On the 22nd of August, 2006 at about 2.00am, passengers travelling to and from the Kunsu Wiaso road which is located at Domeabra on the Kumasi-Tepa highway, at about 2 am were attacked by a group of about 5 persons who were armed. They blocked the road and stopped all the approaching vehicles from both sides of the road and ordered the drivers to stop and the passengers to get d...