NTI AND ANOTHER vs. THE STATE [1965]DLSC1833

Date	1965-01-22
Suit No.
Citation No.	[1965]DLSC1833

MILLS-ODOI JSC

ACOLATSE JSC

SIRIBOE J.S.C.

C. F. HAYFRON-BENJAMIN JUN. FOR THE FIRST APPELLANT.

SECOND APPELLANT IN PERSON.

J. N. K. TAYLOR

SENIOR STATE ATTORNEY FOR THE RESPONDENT

[1965]DLSC1833
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													<main id="main" class="content" style="min-height: 60rem" >NTI AND ANOTHER<o:p></o:p>&nbsp;vs. <o:p></o:p>THE STATE <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1965] GLR 7<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
22 JANUARY 1965.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

C. F. HAYFRON-BENJAMIN, JUN. FOR THE FIRST
APPELLANT.<o:p></o:p>

J. N. K. TAYLOR, SENIOR STATE ATTORNEY, FOR THE
RESPONDENT<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

MILLS-ODOI, ACOLATSE AND SIRIBOE
JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF ACOLATSE J.S.C.<o:p></o:p>Acolatse
J.S.C. delivered the judgment of the court. On 3 November 1964 the appeal of
each appellant was dismissed and we now give our reasons.<o:p></o:p>The
appellants were convicted at the Criminal Session of the High Court held at
Sunyani before Akiwumi, Jun. J. sitting with assessors on 18 December 1963, of
the offence of robbery under section 149 of the Criminal Code, 1960,1 and each
was duly sentenced according to law. The particulars of the offence in respect
of which the appellants were charged read as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Kofi Nti
and Kojo Boakye on the 30th day of August, 1963, near mile 17 on the
Sunyani-Atroni road stole cash the sum of £G24,000 the property of Messrs. Mim
Timber Co., Ltd. by threatening shoot one Eric Doutoh and other servants of the
said company in whose custody the said sum was.”<o:p></o:p><o:p>&nbsp;</o:p>The
events leading to the arrest of the appellants are that on the morning of 30
August 1963, the accountant of Mim Timber Company travelled to Sunyani, in the
company of four watchmen in a V.W. bus No. AT 2143, which was driven by Kwasi
Adusia, to cash a cheque for £G24,000 at the Bank of West Africa. It was the
month’s wages for the company’s employees. The bank paid the amount to the
accountant in Ghana notes. On the return journey to Mim, at mile 17 on the
Sunyani-Mim road, with the moneys packed in a padlocked wooden box on the bus,
they came upon a small tree lying across and obstructing the road. The driver
slowed down to stop when suddenly they saw two men, one standing by one side,
the other standing by the other side of the bus, each pointing a gun at the
accountant and the driver. Both the accountant and the driver were ordered by
these two highwaymen at the point of arms to get out of the bus and walk up the
road; which they did. They then saw the bus being reversed and driven away in
the direction of Sunyani. They could not recognise those who attacked them and
drove away with the bus as they could not clearly see their faces. Later on the
same day the fifth prosecution witness, a recruit police constable from
Sunyani, whilst on duty at Ntotroso saw the first appellant in charge of an
Opel Rekord taxi-cab, No. AT 1266, travelling from the direction of Atroni. The
first appellant drove the constable at his request, to a chief’s house at
Ntotroso where with the assistance of other constables, the first appellant was
arrested on suspicion. The first appellant was taken to Kumasi and at his
direction the police went to a house in Kumasi where he pointed out the second
appellant as one of the men who took part in the robbery, whereupon the second
appellant was arrested.<o:p></o:p><o:p>&nbsp;</o:p>The
conviction of the first appellant was based substantially on the evidence of
the thirteenth prosecution witness who saw the first appellant driving vehicle
No. AT 2143 which contained the company’s money soon after the robbery and on
the cautioned statement (exhibit X) which the first appellant made to the
police when he was taken into custody. It is apparent on the face of that
statement that he was the master-brain behind the robbery. A passage in the
statement material to the issue reads as follows:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“We
remained in the bush by the side of the road until the next day which was 30
August 1963. About 7.25 a.m., Volkswagon bus No. AT 2143 driven by Kwasi Adusia
passed towards Sunyani direction from Mim. On it was a European. About 9.20
a.m., we placed a tree on the road. About 9.30 a.m., Volkswagon bus No. AT 2143
arrived at the spot where we were hiding. It was driven by Kwasi Adusia and the
European was sitting by his side. It pulled up when it got to the spot where
the tree was lying. We rushed to the bus with Kojo Boakye pointing the gun on
the European. I opened the right hand side door of the vehicle, slapped the
driver who fell. All the occupants of the bus then took to their heels. I went
to the steering gear and with my colleagues on the vehicle, I drove towards
Kenyasi with the intention of going to Kumasi. When I boarded the vehicle, I
noticed a wooden box in it and I knew that it contained money. As we were
going, I noticed that Kojo Boakye and the two men were breaking the box. Before
we could arrive at Kenyasi the box had been broken and the money placed in the
empty cocoa bag. The money placed in the bag were £G1 and 10s. G</main>