[2023]DLHC17516 • October 30, 2023 • High Court
SAMUEL ATO vs. THE REPUBLIC
The appellant, Samuel Ato, was convicted of robbery involving the use of a gun and sentenced to 20 years imprisonment by the Circuit Court, Accra. The incident occurred on 31 May 2015 at Kwashieman, where the appellant and two others allegedly entered a compound and robbed occupants room by room. The appellant was later identified by a victim at his workplace selling stolen items and arrested. He denied involvement, claiming to be elsewhere at the time. The prosecution relied on eyewitness testimony, recovered stolen items, and the appellant's cautioned statement.
read moreJUDGMENT This is a judgment hinging on a petition of appeal filed on the 27th February 2023 on behalf of the above named Appellant pursuant to leave granted to file appeal out of time. The Appeal is against the conviction and sentence for the offence of Robbery. The Appellant was sentence to twenty (20) years IHL by the Circuit Court 1, Accra, then presided over by His Honour Aboagye Tandoh Esq. (as he then was). The grounds of appeal were stated as follows: 1. There was lack of sufficient evidence to support the charge of robbery. The evidence relied upon by the trial Court to convict and sentence the Appellant was clearly tainted with and highly prejudicial against the Appellant. 2. The trial Circuit Court judge erred in law in in convicting of the Appellant without taking into consideration his denial of the offence which is contrary to sound legal jurisprudence 3. The trial Circuit Court judge misdirected himself when he concluded that to the extent that the spouse of the ...