THE REPUBLIC vs. JAMES ADDEYFIO @ NII ARMAH, RASHID TILAPIA, KWAMIVI AND 3 OTHERS [2010]DLHC7867

THE REPUBLIC vs. JAMES ADDEYFIO @ NII ARMAH, RASHID TILAPIA, KWAMIVI AND 3 OTHER... [2010]DLHC7867

Date	2010-01-15
Suit No.	CASE NO.: ST 95/2009
Citation No.	[2010]DLHC7867

HIS LORDSHIP JUSTICE C. J. HONYENUGA J.A. SITTING AS AN ADDITIONAL HIGH COURT JUDGE

[2010]DLHC7867
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<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>JAMES ADDEYFIO @ NII ARMAH, RASHID TILAPIA,
KWAMIVI AND 3 OTHERS<o:p></o:p>[HIGH
COURT (FAST TRACK), 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">

CASE
NO.:&nbsp; ST 95/2009&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: 15TH JANUARY,
2010<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">

HIS
LORDSHIP JUSTICE C. J. HONYENUGA J.A. SITTING AS AN ADDITIONAL HIGH COURT JUDGE<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><o:p>&nbsp;</o:p>The 1st accused who is hereinafter
referred to as the accused was charged with conspiracy to commit robbery contrary
to section 23(1) of the Criminal Offences Act, 1960, Act 29 with the 2nd,
3rd and 4th accused persons who are convicts.&nbsp; The accused person was also charged with
robbery with others contrary to section 149 of the Criminal Offences Act, 1960,
Act 29 for having on the 12th day of September 2008 robbed Dr.
Robert Darko Osei of GH¢1,540.00, 4 mobile phones, one wallet, jewelry, two
wedding rings, the wrist watch, one Compaq laptop computer and one pen drive,
the values yet unknown in his house. <o:p></o:p>The accused pleaded not guilty to the charges. <o:p></o:p>The facts were that on the 12th
September 2008, at about 1.30 a.m., one Dr. Robert Darko Osei, a Research
Fellow and Lecturer, the complainant and his household were awaken by six men
two of whom were masked stormed the house and broke into all the seven rooms in
the apartment.&nbsp; The said men then shot Lt.
Col. Darko (Rtd.), the complainant’s father in the right thigh and assaulted
him.&nbsp; In the process, they succeeded in
stealing various valuable items including cash the sum of GH¢1,540.00, mobile
phones, the wallet, jewelry, two wedding rings, one wrist watch, one Compaq
laptop computer and one pen drive.&nbsp;
During investigations, one of the mobile phones stolen from the
complainant were found with Solomon Duodu and he was arrested.&nbsp; Solomon Duodu also mentioned Eric Cobbina and
Kingsley Amankwa as his source of supply.&nbsp;
When these persons were arrested, they also mentioned James Addeyfio,
the accused herein as a member of the robbery team that went to the complainant’s
house to rob.<o:p></o:p>Solomon Duodu, Eric Cobbina and Kingsley Amankwah
were tried, convicted and sentenced to 65 years each but the accused person
escaped.&nbsp; The accused person was arrested
and charged after the trial and conviction of his accomplices.&nbsp; <o:p></o:p>To prove their case, the prosecution called two
witnesses.&nbsp; The accused person testified
in his defence and called three witnesses in support of his case.<o:p></o:p>Now, it is trite learning that it is the duty of
the prosecution to prove its case beyond all reasonable doubts and if any
doubts existed, they must be resolved in favour of the accused person.&nbsp; For section 11(2) of the Evidence Decree,
NRCD 323 provides:-<o:p></o:p>“In a criminal action, the burden of producing
evidence to any fact which is essential to guilt required the prosecution to
produce sufficient evidence so that on all the evidence, a reasonable mind
could find the existence of the fact beyond all reasonable doubt”.<o:p></o:p>Section 13(1) of NRCD 323 also provides:-<o:p></o:p>“In any Civil or Criminal action the burden of
Commission by a party of a crime which is directly in issue requires proof
beyond all reasonable doubts”.<o:p></o:p>I shall first deal with the charge of Conspiracy
against the accused person.&nbsp; Conspiracy
to Commit Crime is provided by section 23(1) of the Criminal Offences Act, Act
29 as follows:-<o:p></o:p>“23(1) If two or more persons agree or act together
with a common purpose for in Committing or abetting a crime, whether with or
without any previous concert or deliberation each of them is guilty of
conspiracy to commit or abet that crime, as the case may be”.<o:p></o:p>To succeed in a conspiracy charge, the prosecution
must prove either:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That
the accused persons agreed together with a common purpose for or in committing
or abetting a crime.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
That
the accused acted together with a common purposes for or in committing or
abetting a crime.<o:p></o:p>In the locus classicus of Azametsi and Others
versus The Republic [1974] 1 GLR 228, the Court of Appeal held in Holding 2 as
follows:-<o:p></o:p>