COMMODORE ALIAS KAYAA vs. THE REPUBLIC [1976]DLHC375

Date	1976-06-24
Suit No.
Citation No.	[1976]DLHC375

TAYLOR J.

BANNERMAN-WILLIAMS FOR THE APPELLANT.

MISS F. F. AMPOFO-ANTI ASSISTANT STATE ATTORNEY FOR THE REPUBLIC.

[1976]DLHC375
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >COMMODORE ALIAS KAYAA<o:p></o:p>&nbsp;vs. <o:p></o:p>THE REPUBLIC<o:p></o:p>&nbsp;[HIGH
COURT, ACCRA]<o:p></o:p>[1976] 2 GLR 471<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

DATE:
24 JUNE 1976.<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">

BANNERMAN-WILLIAMS FOR THE APPELLANT.<o:p></o:p>

MISS F. F. AMPOFO-ANTI, ASSISTANT STATE ATTORNEY,
FOR THE REPUBLIC.<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">

TAYLOR J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF TAYLOR J.<o:p></o:p>This is a
case of conspiracy to commit robbery contrary to sections 23 (1) and 149 of the
Criminal Code, 1960 (Act 29), and dishonestly receiving contrary to section 146
of the said Criminal Code, 1960 (Act 29). The particulars of these offences
spelt out in the two counts in the charge sheet are respectively 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">“Count 1
Martey Commodore, alias James Kayaa: Painter—On or about the 30 of April 1971
at Accra in the Eastern Circuit and within the jurisdiction of this court, did
agree together with a common purpose with Alhaji Abdul alias Joseph Barhin,
Imoru Kano and others unknwon to commit crime, namely, robbery.<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">Count 2
Martey Commodore alias James Kayaa: Painter— On or about 30 April 1971 at Accra
in the Eastern Circuit and within the jurisdiction of this court, did
dishonestly receive N¢1,000.00 which you knew to have been appropriated by
crime, to wit robbery.”<o:p></o:p><o:p>&nbsp;</o:p>The
relevant facts led in evidence are devoid of any complexity and are that on 30
April 1971, the State Housing Corporation, by its senior accountant, collected
from the Ghana Commercial Bank at Ring Road West a sum of money amounting to a
little over ¢23,000.00. The money with the bank stamps dated 30 April 1971 and
the cashier’s initials on its wrappers was to be used in paying the workers of
the State Housing Corporation then working on a housing project at the Dansoman
Estate. The money was divided into three parts and given to three paymasters
who were to pay the workers. To one paymaster a sum of N¢8,151.98 was given, to
the second paymaster N¢7,720.45 was-given and the balance amounting to
N¢7,208.74 was given to a third paymaster. Each paymaster put his money in a
specie box and at about 11.30—12 noon accompanied by an armed policeman and six
assistant paymasters, they left the Housing Corporation head office in a Benz
bus heading for the Dansoman Estate to pay the workers.<o:p></o:p><o:p>&nbsp;</o:p>When they
were about 200 yards to the site, a Peugeot car crossed their path thus forcing
the driver to stop; thereupon a number of men some armed with cutlasses and
others with pistols attacked them. The driver was slashed with a cutlass and
they fired shots into the car. The armed policeman returned the fire apparently
wounding one of the armed men, but the armed men succeeded in taking away two
of the specie boxes containing the ¢8,151.98 and ¢7,720.45 respectively. All
the persons in the Benz bus (with the exception of the armed policeman) ran
away.<o:p></o:p><o:p>&nbsp;</o:p>That same
day following information received, two men were arrested by the police at a
night club at Kpehe in Accra. They were Alhaji Abdul alias Joseph Barhin and
one Imoru Kano. When they were arrested, Alhaji Abdul had a bag containing
¢6,050.00 and Imoru had ¢50.00. The money had the Ghana Commercial Bank, Ring
Road West, stamps on the wrappers and the stamps with the date thereon and the
wrappers with the initials of the paying cashier were identical with those on
the money in the third specie box which was not taken away by the thieves.<o:p></o:p><o:p>&nbsp;</o:p>Later the
two arrested men made statements on caution to the police and in those
statements they did not mention the appellant at all. They subsequently escaped
from custody but on 13 August 1971, Alhaji Abdul alias Joseph Barhin was
brought to Ghana from Nigeria. In a statement which he made to the police on 17
August 1971 when he was charged with escaping from lawful custody, he mentioned
the name of the appellant as one of their accomplices in the robbery of 30
April 1971.<o:p></o:p>