KOFI JOE @ JOE vs. THE REPUBLIC [2015]DLCA8002

Date	2015-12-15
Suit No.	SUIT NO: H2/02/2016
Citation No.	[2015]DLCA8002

ADJEI JA – PRESIDING

MRS. SOWAH JA

MENSAH JA

[2015]DLCA8002
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													<main id="main" class="content" style="min-height: 60rem" >KOFI JOE @ JOE<o:p></o:p>(ACCUSED/APPELLANT)<o:p></o:p><span lang="EN-GB" 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, KOFORIDUA]<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">

SUIT NO: H2/02/2016&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; &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 DECEMBER, 2015<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;
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ADJEI JA – PRESIDING,
MRS. SOWAH JA, MENSAH JA<o:p></o:p>

</div>&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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<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>ADJEI, J.A:<o:p></o:p>The Appellant herein was the 4th Accused
person in the Criminal suit that was determined by the High Court, Koforidua. <o:p></o:p>The first to fifth accused persons before the
trial High Court were charged with conspiracy to commit robbery, and robbery.
The 1st and the fifth accused persons pleaded guilty with
explanation to the charges of Conspiracy to commit robbery and robbery. The
second, third and the 4th accused persons; (the appellant herein)
pleaded not guilty to all the three counts of conspiracy to commit robbery and
robbery. The first and fifth persons in their explanation admitted that they
stole a bag from the complainant who had then slept in his car. Their case was
that they neither used threat nor weapon even though they took away the bag
from the complainant when he was asleep in his car as Nkwakwa Township. The
account of the accused person was at variance with that of the prosecution.<o:p></o:p>The facts as presented by the prosecution were
that the complainant by name Sarfo Gyamfi, a businessman and a former player of
Kumasi Asante Kotoko, on 1st June, 2004 at about 11.30 pm and accompanied
by two other people who were in his pick-up No. GT 10 U set off from Accra.
They got to Nkwakwaw at about 1.30 am on 2nd June, 2004. They decided
to rest in the pick-up. At about 2 am the first to fifth accused persons and
one other person who they could not identify, armed with locally manufactured
pistols, cutlasses and clubs attacked Sarfo Gyamfi. They inflicted cutlass
wounds on him to over-power his resistance and took away his bag containing
thirty-two thousand Euros (€32,000), ten thousand dollars ($10,000), fifteen
million cedis (₵15,000.00), a Siemen mobile phone, and personal
effects including clothings. The accused persons were subsequently arrested. At
the time of the arrest they had used part of the monies and the first accused
person had used his proceeds from the robbery to buy a house at Kuse in Accra. <o:p></o:p>The matter proceeded to trial. In the course of
the trial the first accused person died. After the trial the accused persons
apart from the six accused were convicted for all the offences. Each of them
was sentenced to 20 years IHL on all the Counts and the sentences were to run
concurrently.<o:p></o:p>The appellant dissatisfied with the sentence
imposed on him filed an appeal against it to this Court to reduce the sentence that
he considered as harsh and excessive. <o:p></o:p>The determinant factors for plea against sentence
are the law on which the appellant was convicted, mitigating and aggravating
factors. In the case in point, the appellant was convicted for robbery contrary
to the Criminal Code (Amendment) Act 2003, Act 646. Laws of Ghana (Revised Edition)
Act 1988 was enacted to appoint Statute Law Revision Commissioner to prepare a
Revised Edition of Act and subsidiary legislation in force on the 1st
day of January, 2005. Section (1) of Laws of Ghana (Revised Edition) Act, 1998
provides thus:<o:p></o:p>“(1) The President in Consultation with the
Council of State and the Minster for Justice shall appoint a Commissioner to be
known as the Statute Law Revision Commissioner to prepare a Revised Edition of <o:p></o:p>(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
All Act in force on the 1st January,
2005 and <o:p></o:p><!--[if !supportLists]</main>