OBOY vs. THE REPUBLIC

JUDGMENT KWAMINA BAIDEN, JA. The Appellant in this appeal, who was a driver’s mate, was charged with one count of conspiracy and nine counts of robbery contrary to Sections 23 (1) and 149 of the Criminal Offences Act, 1960 (Act 29) as amended by the Criminal Offences Act, 2003, Act 646. On 3rd July, 2008, he was convicted by the High Court, Kumasi upon his own plea and sentenced to a term of 30 years IHL. He has spent 15 years out of the 30 years in prison and has appealed on the sole ground that the sentence was harsh and excessive. Parts of the proceedings are missing especially the facts and the charge sheet. This brings the case within authorities such as Bonuah v Republic (J3 1 of 2015) [2015] GHASC 122 (9 July 2015) and Nkrumah v Republic (J3 6 of 2016) [2017] GHASC 49 (26 July 2017). The authorities indicate that lost or missing records do not entitle an appellant to an acquittal. The appellate Court is entitled to look at the lost or missing record and its relevance to th.....