THE REPUBLIC vs. KWABENA GYASI & 2 ORS. [2015]DLHC3561

Date	2015-07-02
Suit No.	CASE NO.2/15
Citation No.	[2015]DLHC3561

HER LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

CHIEF INSPECTOR FRIMPONG MANSO FOR THE REPUBLIC

BENJAMIN KWAKU ACOLATSE FOR THE ACCUSED PERSONS

[2015]DLHC3561
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>KWABENA GYASI &amp; 2
ORS.<o:p></o:p>&nbsp;[HIGH COURT (COMMERCIAL
DIVISION), KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CASE NO.2/15&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 2ND JULY, 2015<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>CHIEF INSPECTOR FRIMPONG MANSO FOR THE REPUBLIC <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

BENJAMIN KWAKU ACOLATSE FOR THE
ACCUSED PERSONS <o:p></o:p>

HER
LADYSHIP ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT<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;
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</div>The
accused persons herein have been charged on two counts of conspiracy to commit
robbery and Robbery contrary to sections 23(1) and 149 of the Criminal and
Other Offences Act 1960, Act 29. The particulars of offence are that on
23/06/2014 at about 1am, they agreed or acted together and robbed &nbsp;one Kwame Asenso of his Mercedes Benz with
Registration number As 4117-11 valued at GH¢ 35,000.00; two mobile phones
valued GH¢8000; one Samsung laptop valued at GH¢1500.00 and cash of GH¢6,000.00.&nbsp; Each accused person pleaded not guilty to
these charges. Hence, the instant trial.<o:p></o:p>The
Facts which led to the instant trial are that the accused person and four
others at large attacked the complainant who is a lotto agent in his house on
23/06/2014. They fired indiscriminately and in the process injured the
Complainant's son by name Daniel Asenso. The accused persons made&nbsp; away&nbsp;
with a Mercedes Benz car, two mobile phones, one laptop and cash of GH¢6,000.00.
Upon a description by the Complainant, A1 and others were arrested on
30/06/2014. Upon a search, the police found one locally manufactured pistol and
a military jacket on A2. A toy pistol and a quantity of leaves suspected to be
Indian hemp were found from A1. Subsequently, the Police conducted an
identification parade at the Police Regional Headquarters, Kumasi, where A1 and
A2 were identified by the witnesses as some of the robbers who robbed the
complainants.<o:p></o:p>&nbsp;The ingredients of the offences leveled
against the accused persons are contained in section 23(1) and 150 of Act 29
thus:<o:p></o:p>&nbsp;Section 23 (1):<o:p></o:p>"Where two or more persons agree to act together
with a common purpose for or in committing or abetting a criminal offence,
whether with or without a pervious concert or deliberation, each of them commits
a conspiracy to commit or abet the criminal offence."<o:p></o:p>Section
150:<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; " A person who steals&nbsp; a things is guilty of robbery if and for the purpose
of stealing he uses force or causes harm to any other person, or if he uses a
threat or criminal assault or harm to any other person, with intent to prevent
or overcome the resistance of the other person to the stealing of the
thing."<o:p></o:p>This
being a criminal case, the Prosecution is enjoined by sections 11(2) and 13(1)
of the Evidence Act, 1975 N.R.C.D. 323 to prove the ingredients of these
offences beyond every reasonable doubt. In other words, the Prosecution must
establish the guilt of the accused persons beyond reasonable doubt so as to
secure their conviction.<o:p></o:p>In
all, the prosecution called five witnesses. Kwame Asenso who is the Complainant
was the first prosecution witness (PW1). He gave a vivid description of the
events of 23/06/2014. He said at about 1:30am, his son (Eric Sarfo) woke him up
and said he had seen thieves opening the burglar proof to gain access into their
house. PW1 said he woke up and saw what his son had described to him and that
he heard indiscriminate gun shots. He then instructed his children to take
cover in his room; he locked the burglar proof with a padlock and hid behind a
refrigerator.&nbsp; Yet, the attackers cut
through the burglar proof, entered his room and under the threat of death, they
demanded to see him. At that point, PW1 said he came out from his hide out and
saw three persons, but he could identify A1 who then had a rasta hair. Continuing,
PW1 told the court that A1 ordered him to give him "the money" and he
gave him a bag containing GH¢1,000.00. A1 said they had not come there because
of GH¢1000 and that the person who sent them said the money was more than that.
PW1 then added GH¢ 5000 but they demanded for more money. Eventually, he gave
them a bag containing his "daily sales" estimated to be about GH¢26,000.00.
The robbers also made away with his Mercedes Benz car, phone, Laptop and
watches. When the robbers left the scene, PW1 said he saw his son in a pool of
blood and sent him to the hospital. Whilst at the hospital, PW1 indicated he
received a phone call that his car had been found and later&nbsp; &nbsp;he
identified A1 at an identification parade held at the Regional Police Headquarters,
Kumasi. When Defence Counsel sought to discredit his evidence in
cross-examination, PW1 maintained that he could identify A1 because of his
unique features and not because he knew him prior to the incident. This is how
the cross-examination went:<o:p></o:p>