MICHAEL GYASI vs. THE REPUBLIC [2013]DLCA8108

Date	2013-06-13
Suit No.	CRIMINAL APPEAL NO: H2/39/12
Citation No.	[2013]DLCA8108

DUOSE JA (PRESIDING)

ACQUAYE JA

DZAMEFE JA

MR. OFORI ADUSEI FOR THE APPELLANT

MR. MATHEW AMPONSAH (CSA) FOR THE REPUBLIC /RESPONDENT

[2013]DLCA8108
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													<main id="main" class="content" style="min-height: 60rem" >MICHAEL GYASI<o:p></o:p>(APPELLANT)<o:p></o:p>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">

CRIMINAL
APPEAL NO: H2/39/12&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:
13TH JUNE, 2013<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR.
OFORI ADUSEI 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.
MATHEW AMPONSAH (CSA) FOR THE REPUBLIC /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">

DUOSE
JA (PRESIDING), ACQUAYE JA, DZAMEFE JA<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">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>DZAMEFE, JA<o:p></o:p>The
appellant with three others were charged with two counts of conspiracy and
robbery contrary to Section 23 and 149 of the Criminal Code, 29, 1960 and
Robbery contrary to Section 149 of the Criminal Code Act 29, 1960.<o:p></o:p><o:p>&nbsp;</o:p>The
facts as presented by prosecution are that on 7th September 2005 at
about 9.30pm the complainant Kofi Samson and his driver in charge Hyundai Taxi
cab with registration number GT 7960 G found the road between Abam and Abodom
in the Kwabibrem District blocked with firewood.&nbsp; The driver decided to drive through and there
was a gun fire that made him stop. Four men armed with short guns emerged to
attack them.&nbsp; The men collected one mobile
phone and cash of Gh¢25,000 from them.&nbsp;
They also removed the radio and battery from the car.<o:p></o:p><o:p>&nbsp;</o:p>On
26th October 2005, the mobile phone, the radio and the battery were
all traced to the appellant Michael Gyasi and one Faustina Amponsah.&nbsp; The appellant when questioned admitted the
offence and mentioned the names of the other three accused persons.&nbsp; Augustine Addo Adjei also admitted the
offence by indicating that he robbed with the appellant on two other
occasions.&nbsp; Prosecution told the court,
while in custody appellant and 2nd accused escaped from lawful custody
but were re-arrested, arraigned before court, convicted and sentenced to 18 months
1HL before the commencement of the robbery trial.<o:p></o:p><o:p>&nbsp;</o:p>Prosecution
to establish its case called four (4) witnesses. Kofi Sampson the 1st
prosecution witness told the court he is a computer technician living at Kade
and knows the appellant and 3rd accused.&nbsp; He said on 7th September 2005 at
about 9.30pm he and his driver were returning from Asuom and on reaching Abodom
saw that the road was blocked with firewood.&nbsp;
They saw two men standing by the firewood one holding a gun.&nbsp; The driver hit the firewood with the car and
the gun was fired.&nbsp; The car swerved into
a plantain farm there and hit a pole and the driver opened his door and took to
his heels. The driver is called Attakora. The registration number of the car is
GT 7960 C. He said before he could open his door the men rushed on him and
ordered him to raise up his hands. <o:p></o:p><o:p>&nbsp;</o:p>They
took him to a nearby cocoa farm and started searching his body. He identified
the two men as Appellant and 3rd accused.&nbsp; They took away his mobile phone, Gh¢25,000
and ordered him to remove his dress and lie on the ground.&nbsp; He said appellant was the one who searched
him and took the phone and money from him.&nbsp;
Appellant then went to remove the car battery and the tape.&nbsp; They both beat him up and left him by the
road.<o:p></o:p><o:p>&nbsp;</o:p>Back
at Kade the following day, he dialed his phone and a lady responded and told
him the phone was given her by the boyfriend called Michael.<o:p></o:p><o:p>&nbsp;</o:p>In
cross examination PW1 told appella</main>