FRANCIS NSOR NYAABA vs THE REPUBLIC

JUDGEMENT MENSAH-HOMIAH, J.A. A summary of the facts of the case which has culminated in the appeal before this court are as follows: On 28th May 2008 at about 11pm, Appellant and his accomplices went to the Hill Top Hotel at Mamobi, near Accra Girls Senior High School, Accra. They outwitted the security man that they wanted to buy drinks and managed to enter the hotel. The security man was ordered at gun point to sit down or risk being shot. Wielding guns and cutlasses, Appellant and his accomplices succeeded in taking away money from the reception, 4 decoders, mobile phones of the workers and hand bags. The robbers were apprehended by the police and subsequently charged with two counts of conspiracy to commit crime to wit robbery; and robbery, contrary to sections 23 (1) and 149 of the Criminal Offences Act, 1960 (Act 29), as amended by Act 646 of 2003. The accused persons were arraigned before the High Court, Accra. After a full trial, Appellant was found guilty, and upon convic...