JOSHUA KWADWO ASARE AND YAW AMOABENG @ WOFA YAW vs. THE REPUBLIC [2015]DLCA8404

Date	2015-10-28
Suit No.	SUIT NO: H2/06/2014
Citation No.	[2015]DLCA8404

ADJEI JA – PRESIDING

CECILIA H. SOWAH JA

HENRY KWOFIE JA

ISAAC MILLS ESQ FOR THE APPELLANT

MRS. EMILY ADDO-OKYIRE (CSA)

FOR THE REPUBLIC WITH HER IS EMMANUEL OPARE WIREDU (ASA)

[2015]DLCA8404
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													<main id="main" class="content" style="min-height: 60rem" >JOSHUA KWADWO ASARE AND YAW AMOABENG @ WOFA YAW<o:p></o:p>(APPELLANTS)<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><o:p>&nbsp;</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;
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SUIT NO: H2/06/2014&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 28TH OCT, 2015<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ISAAC MILLS ESQ FOR THE APPELLANT<o:p></o:p>MRS. EMILY ADDO-OKYIRE (CSA) <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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FOR THE REPUBLIC WITH
HER IS EMMANUEL OPARE WIREDU (ASA)<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,
CECILIA H. SOWAH JA, HENRY KWOFIE 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;
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padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>ADJEI,
J.A:<o:p></o:p>This appeal is against conviction and sentence of
thirty (30) years imposed on the appellant herein by the High Court, Koforidua
on 3rd March 2009. Charges of conspiracy to commit crime to writ robbery
contrary to sections 23 and 29 of the criminal and other offences Act 29, 1960
and robbery contrary to section 149 of Act 29, 1960 and assault were preferred
against the three accused persons. The third accused person was at large and
was therefore not tried.<o:p></o:p>The brief facts of the case were that the 1st
accused person, the appellant herein was as at 23rd February, 2009,
unemployed while the 2nd accused person was a driver by profession.
The three accused persons held a meeting to rob the victim, Annor Adisha of his
Opel Astra Taxi cab with Registration mark AS 1826 Y. The Victim worked on that
day at kukurantumi Township. When the victim parked the taxi cab at the lorry
station waiting for passengers, the first and second accused persons approached
him and chartered the taxi to Ankasse, a village near Kukurantumi. On the way,
one of the accused persons decided to urinate and told the driver to stop. It
was around 8.20 pm, the driver sensed danger and decided to turn to
kukurantumi. All these while, three other persons who were accomplices of the 1st,
2nd and 3rd accused persons had laid ambush at where one
of the accused persons wanted the driver to stop for him to urinate. According
to the facts presented by the prosecution, the 1st accused person
then slapped the driver when they found that he was returning to Kukurantumi.
The 2nd accused person who sat at the front seat also held the
steering wheel to remove the ignition key, struggling ensued between the driver
and the 1st and 2nd accused persons and in the process,
the three accomplices who had laid ambush also joined in the struggle. They
overpowered the driver, chased him to the bush and sped off the taxi cab with
sixty Ghana cedis and a mobile phone belonging to the victim. They sent the
taxi cab to Suame in Kumasi to sell at a cost of GH¢1, 500.00. The purchaser,
suspected a foul deal informed the police. The Police arrested 1st
and 2nd accused persons while the other three people absconded.<o:p></o:p>The record of Appeal suggests that both accused
persons pleaded guilty simpliciter to all the counts. However, the trial High
Court Judge decided to take his explanation. It gives an indication that the 1st
accused person pleaded guilty with explanation and was asked to offer his
explanation to that effect.<o:p></o:p>Section 171 of the Criminal and other Offences
Act, 1960 (Act 30) provides the procedure for taking plea in summary
trials.&nbsp; Section 171 (3) (4) (5) which
are germane to the resolution of the appeal before this court provided thus:<o:p></o:p>“(3) A plea
of guilty shall be recorded as nearly as possible in the words used, or if
there is an admission of guilt by letter under Section 70 (1), the letter shall
be placed on the record and the court shall convict the accused and pass
sentence or make an order against the accused unless there appears to it
sufficient cause to the contrary.<o:p></o:p>(4)&nbsp; Where
the plea is one of not guilty the court shall proceed to hear he case <o:p></o:p>(5)&nbsp;&nbsp; Where
the accused or counsel for the accused, refuses to plead, or it the accused
does not appear and the case in the absence of the accused in accordance with
Section 170, a plea of not guilty shall be entered and the plea so entered
shall have effect as if it had been actually pleaded”<o:p></o:p>The law is that a plea of guilty shall be recorded
as nearly as possible in the words used and where words are added to the plea,
the court is required to record those words as nearly as possible to ensure
that the accused does not suffer injustice. It is a notorious fact that most
people who might n</main>