[2024]DLCA17848 • May 2, 2024 • Court of Appeal
AFANYE OSUCHUKWU vs. THE REPUBLIC
On 25 February 2006, the appellant and four others allegedly broke into the complainant's house in Western Legon, assaulted her, and stole valuables including money and personal items. The appellant was arrested two months later at a hideout in Accra. During trial, the appellant and others were charged with conspiracy to commit robbery and robbery. The appellant was convicted and sentenced to 80 years imprisonment concurrently on each count by the High Court, Accra, on 29 January 2010.
read moreJUDGMENT GIFTY AGYEI ADDO JA INTRODUCTION Per the notice of appeal filed on 9th March 2020, the Appellant in the instant appeal prays for mitigation of his sentence following his conviction by the High Court, Accra, on 29th January 2010. His conviction and sentence stemmed from the fact that the Appellant (who was the 5th Accused person in the trial below) together with four Accused persons, were charged with two counts: - Conspiracy to commit robbery contrary to Sections 23 (1) and 149 of the Criminal Offences Act, 1960 (Act 29) as amended by the Criminal Offences (Amendments) ACT, 2003 (Act 646); and - Robbery contrary to Sections 149 of Act 30 as amended by Act 646). The 4th Accused person was at large. Accordingly, the 1st, 2nd, 3rd and 5th Accused persons were arraigned before the High Court. All four Accused persons pleaded not guilty to the charges. Following their trial, the 3rd Accused person was acquitted and discharged. The 1st, 2nd and 5th Accused persons were...