[2021]DLCA11559 • April 1, 2021 • Court of Appeal
KWABENA APPIAH vs. THE REPUBLIC. (RESPONDENT) AND DAVID APPIAH@KWABENA APPIAH vs. THE REPUBLIC. (CONSOLIDATED)
The appellant, resident in Duase, Kumasi, hired a taxi on 25 March 2009 and subsequently attacked the complainant with a gun and knife, tied him to a tree, and stole the vehicle. The appellant was arrested and charged with conspiracy to commit crime and robbery under sections 231 and 149 of Act 29. He pleaded guilty with explanation at trial, but the explanation was not recorded by the trial court. The trial court convicted him on his plea and sentenced him to 25 years imprisonment concurrently.
read moreANTHONY OPPONG JA: In this consolidated appeal, the pertinent question to answer regarding case no. H2/03/2020 is whether a conviction of an accused on his own plea of guilty can be sustained by the appeal court where the accused added words to his plea but those words are not recorded by the trial court. Before the view of this court is expressed on this main pertinent issue for determination, it will be quite apposite to state the facts of this case. By the facts largely given by the prosecution, the appellant was resident in Duase, a suburb in Kumasi in the Ashanti Region. The complainant was in charge of taxi cab with registration number AS 7545 Z and he was hired by appellant to take him from Kejetia to Garden City University, Duase New Site, Kumasi. This was on or about 25th March 2009. Whilst on the way to the Garden City University, the appellant attacked the complainant with gun and knife. He took him to a nearby bush by force, tied him to a tree with a nylon rope...