ILLIASU ISSAKU vs. THE REPUBLIC [2012]DLCA3162

Date	2012-06-29
Suit No.	CRIMINAL APPEAL CASE NO: H2/02/2012
Citation No.	[2012]DLCA3162

JUSTICE MARIAMA OWUSU JA (PRESIDING)

JUSTICE F G KORBIEH JA

JUSTICE IRENE C DANQUAH JA

KWAME ANTWI AFRIYIE ESQ FOR - APPELLANT

MRS AFIA SERWAA ASARE BOTWE FOR REP/RESPONDENT

[2012]DLCA3162
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													<main id="main" class="content" style="min-height: 60rem" >ILLIASU ISSAKU<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>[COURT
OF APPEAL, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CRIMINAL APPEAL CASE NO:
H2/02/2012&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: 29TH JUNE, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWAME ANTWI AFRIYIE&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ESQ FOR&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; -&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; APPELLANT&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM:<o:p></o:p>JUSTICE
MARIAMA OWUSU JA (PRESIDING), JUSTICE F G KORBIEH JA, JUSTICE IRENE C DANQUAH
JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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</div>IRENE
C DANQUAH JA<o:p></o:p>The Appellant was charged
with the offences of conspiracy to commit robbery under section 23 (1) of Act 29/1960
and Robbery under section 149 of the Criminal Offences Act 1960 (Act 29) as
amended.<o:p></o:p><o:p>&nbsp;</o:p>On 15th
February, 2006, the Appellant (2nd accused) and one other called
Abduraman Issifu (1st Accused) were arranged before the High Court,
Kumasi on the two counts aforesaid whilst the other accused was charged with a
third count of fraud. The Appellant pleaded not guilty to count one but guilty
to count two i.e. charge of robbery.<o:p></o:p><o:p>&nbsp;</o:p>The facts of the case as
presented to the court on 8th March, 2006 are these:-<o:p></o:p><o:p>&nbsp;</o:p>“The complainant, Abena Gyamfuawaa
alias Hanna Opoku Agyeman is a hair dresser living at Breman in Kumasi. 1st
accused is a fitter whilst 2nd accused is a dealer in scraps. On 22nd
January, 2006, at about 10pm. The complainant and her friend were walking to
pick a vehicle for their home at Breman. While they were walking near Suame
Roundabout they saw these two accused’ persons who were conversing. 2nd
accused rushed to attack the complainant whilst 1st accused folded
his hands and stood looking at the attack by 2nd accused. In the
attack, 2nd accused collected the complainant’s bag which contained
a Nokia Phone, a Bible, wrist watch and cash of ¢75,000.00. Thereafter the
complainant and her friend went to a watchman who was watching what happened. 1st
and 2nd accused also went to the place where the watchman was and
there 2nd accused pulled out a cutlass to threaten the complainant
in the presence of the watchman. The shouts of the complainant attracted people
but 2nd accused managed to run away. Those who were attracted to the
scene included one Emmanuel Kodua who is the complainant’s brother. 1st
accused informed Kodua that he (A1) knew the whereabouts of 2nd
accused and if Kodua give him ¢100,000.00 he (A1) would collect back the
complainant’s items from 2nd accused. Kodua gave the amount of
¢100,000.00 to 1st accused who failed to bring the cash of
¢100,000.00. When they were arrested, they gave their statements. 2nd
accused confessed to the offence and stated that 1st accused was his
accomplice.”<o:p></o:p><o:p>&nbsp;</o:p>The court remanded them in
custody to reappear on 3rd April, 2006 for hearing to begin on the
counts in which the accused persons pleaded not guilty. The court convicted
each of the accused persons on their own plea on the counts they each pleaded
guilty to.<o:p></o:p><o:p>&nbsp;</o:p>At the time the plea of
the accused persons were taken they were unrepresented by counsel.<o:p></o:p><o:p>&nbsp;</o:p>Subsequently, the
Appellant engaged counsel and instructed his counsel of his intention to change
his plea from “guilty” to “not guilty”. The court refused to
allow the Appellant to change his plea because he had pleaded guilty to the
charge of robbery in count 2 and had already been convicted on his own plea and
deferred sentence for his ruling on the application of counsel for the
Appellant.<o:p></o:p><o:p>&nbsp;</o:p>The prosecution subsequently
withdrew count (1) of the charge i.e. conspiracy to commit robbery but the
Appellant was subsequently sentenced to 15years IHL on 29th
January,2008 to take effect from 22nd January, 2006.<o:p></o:p><o:p>&nbsp;</o:p>It is against this
background that the Appellant (2nd accused) has appealed against the
conviction and sentence.<o:p></o:p>