KINGSFORD AMOAH @ KWAME ABAKA (APPELLANT) vs. THE REPUBLIC (RESPONDENT) [2010]DLCA7853

Date	2010-06-17
Suit No.	CIVIL APPEAL NO. H2/16/2010
Citation No.	[2010]DLCA7853

S. K. MARFUL-SAU J.A. (PRESIDING)

K. A. ACQUAYE J.A.

C. J. HONYENUGA J.A.

MR. GUSTAV ADDINGTON FOR THE APPELLANT

MR. GEORGE OFORI (PRINCIPAL STATE ATTORNEY) FOR THE RESPONDENT

[2010]DLCA7853
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													<main id="main" class="content" style="min-height: 60rem" >KINGSFORD
AMOAH @ KWAME ABAKA<o:p></o:p>(APPELLANT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

CIVIL
APPEAL NO. H2/16/2010&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
17TH JUNE, 2010<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
GUSTAV ADDINGTON FOR THE APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

MR.
GEORGE OFORI (PRINCIPAL 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:0cm 0cm 1.0pt 0cm">

S.
K. MARFUL-SAU J.A. (PRESIDING), K. A. ACQUAYE J.A., C. J. HONYENUGA J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

</div>HONYENUGA J.A.<o:p></o:p><o:p>&nbsp;</o:p>The
appellant, Kingsford Amoah alias Kwame Abaka was jointly tried with one Yaw
Duodu in the High Court, Cape Coast.&nbsp;
Both accused persons faced a common count of conspiracy to commit
robbery contrary to section 23(1) and section 149 of the Criminal Act, Act 29
as amended by Act 646 of 2003 and the substantive offence of robbery contrary to
section 149 of Act 29 the Criminal Act, 1960, Act 29.<o:p></o:p><o:p>&nbsp;</o:p>Both
accused persons were convicted and sentenced to forty years on each count to
run concurrently.&nbsp; The second accused,
Kingsford Amoah alias Kwame Abaka has appealed against his conviction and
sentence.&nbsp; <o:p></o:p><o:p>&nbsp;</o:p>The
facts were that the accused persons who are farmers hatched a plan to snatch a
taxi cab and so on the 29th June 2007, the two, armed with two
knives contacted one Kwame Takyi, a driver of a Tico taxi cab and hired his
services.&nbsp; They directed the driver, now
deceased, to convey them from Mankessim to Kromanmu to purchase
Akpeteshie.&nbsp; On reaching Kromanmu and
after stopping for a while to conduct other businesses including making calls
from a space-to-space operator, they further directed the driver to drive towards
Mando.&nbsp; Just about a kilometer from
Kromanmu and towards Mando, they stopped the driver and lured him into the bush
ostensibly to fetch the Akpeteshie from a cottage.&nbsp; On reaching a spot, they inflicted fatal
knife wounds on the driver and dragged him into the bush.&nbsp; They then took the keys of the taxi cab and
the sum of ¢120,000.00 (GH¢12.00) from him and sped off with the vehicle to
Accra leaving the driver in the bush.&nbsp; It
was in the course of the transaction for the sale of the taxi that the two
accused persons were arrested after notice of the missing taxi and the driver
was relayed around.&nbsp; The accused persons
could not give any tangible reason for possessing the taxi cab which was
reported missing and so they were arrested.&nbsp;
At the Police Station, the accused allegedly admitted the offence.&nbsp; In the meantime, the driver of the taxi cab
was found in the bush the next day dead with stabbed wounds.&nbsp; The accused persons were accordingly charged
with the offences of conspiracy and robbery before the High Court.&nbsp; The appellant being aggrieved appealed
against his conviction and sentence.<o:p></o:p>The
grounds of appeal are:-<o:p></o:p>(i)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That the judgment is against the weight of evidence.<o:p></o:p>(ii)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Other grounds will be filed on the receipt of the
record of proceedings.<o:p></o:p>No
further grounds of appeal were filed.<o:p></o:p>Counsel
for the accused relied on the sole ground that the judgment is against the
weight of evidence.&nbsp; Before I consider
this ground, I must state that Counsel for the appellant was most unhelpful in
what he called a statement of case.&nbsp;
Counsel only repeated the charges and the facts and stated that the plea
of Alibi by the accused was ignored by the trial court.&nbsp; It is most disappointing.&nbsp; Lawyers must perform their </main>