[2024]DLCA17925October 24, 2024Court of Appeal

BABA MUSAH & 2 ORS vs. REPUBLIC

Appellant and two others planned and executed a robbery at China Sing Zhan Dynamite Company near Bogoso, Western Region. Armed with a club, they assaulted a Chinese foreman causing serious injury and stole a pump action gun, mobile phones, a solar scale machine, and cash. Appellant pleaded guilty and was sentenced to 20 years imprisonment with hard labour (IHL) on each count, to run concurrently.

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JUDGMENT NOVISI ARYENE JA: INTRODUCTION Appellant was arraigned before the Circuit Court, Tarkwa, on two counts of conspiracy to commit Robbery and Robbery, contrary to Sections 23(1) and 149 of Act 29/60 (as amended by Criminal Code (Amendment) Act 646 of 2003), respectively. Appellant pleaded guilty to both counts and was sentenced to twenty years IHL on each count to run concurrently. His appeal to the High Court Tarkwa, against conviction and sentence, was dismissed. This is a second appeal by appellant with a prayer for the sentence of 20 years IHL to be reduced to the minimum of 15 years. FACTS OF THE CASE The facts of the case as presented to the trial Circuit Court by the Prosecution are that, Appellant and two other accused persons planned to rob China Sing Zhan Dynamite Company, a company situate near Bogoso in the Western Region. Armed with a club, they scaled the fence wall of the company and entered the premises. At the sight of the intruders, the workers took to ...