ISRAEL ANANE GADRI AND PAUL FIADJOE vs. THE REPUBLIC [2016]DLCA4920

Date	2016-07-21
Suit No.	CRIMINAL APPEAL: H2/5/2016
Citation No.	[2016]DLCA4920

S. E. KANYOKE J.A. (PRESIDING)

K. A. ACQUAYE J.A.

M. WELBOURNE (MRS.) J.A.

[2016]DLCA4920
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													<main id="main" class="content" style="min-height: 60rem" >ISRAEL ANANE GADRI AND PAUL FIADJOE<o:p></o:p>(APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(RESPONDENTS)<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;
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CRIMINAL APPEAL: H2/5/2016&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;DATE: 21ST JULY, 2016<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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S.
E. KANYOKE J.A. (PRESIDING), K.
A. ACQUAYE J.A., M. WELBOURNE (MRS.) J.A.<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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JUDGMENT<o:p></o:p>

</div>ACQUAYE,
J. A.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>The appellants were tried together on two counts of
conspiracy to commit crime contrary to Section 23 (1) and 149 and robbery contrary
to Section 149 of the Criminal Offences Act 29/60 by a High Court in Accra.&nbsp; <o:p></o:p><o:p>&nbsp;</o:p>The facts of the case as presented by the prosecution
were that the appellants hired the services of the complainant Mustapha Seidu
who was driving a taxi cab No. GS 6522-10 on 6th February 2011 at
about 2.00pm.&nbsp; At the outskirts of
Ashalajo, a suburb of Accra, the 1st appellant drew out a pistol
from his pocket and ordered the complainant to surrender his ignition key which
he did.&nbsp; The appellants then directed the
complainant out of the car and drove it away.&nbsp;
The complainant reported the case to the Amasaman Police. &nbsp;A week later, on 13th February
2011, the Amasaman Police had information that two robbers had been shot while
attempting to steal another taxi cab at Kasoa and had been admitted at the Police
Hospital and Korle-Bu Hospital where they were receiving treatment.&nbsp; The investigator at the Amasaman Police
therefore visited the two hospitals with the complainant who was said to have
identified the appellants as those who pointed a pistol at him and stole his
car.&nbsp; At the trial the police failed to
produce the complainant to testify but instead tendered his unsworn statement being
his complaint statement.&nbsp; The appellants
denied in their investigation caution statements and evidence in court that
they were involved in the incidents of 6th February 2011 claiming
that they were each at a different place at the time.&nbsp; On 28th March 2014 they were
convicted on both counts and sentenced to 20 years imprisonment on each count
to run concurrently.&nbsp; Dissatisfied with
the judgment the two filed an appeal against the conviction and sentence
setting down the following grounds of appeal:-<o:p></o:p><o:p>&nbsp;</o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The judgment of the trial High Court is
unreasonable and not supported by the evidence on record.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The trial High Court judge erred when he
relied on the unsworn statement of the complainant to convict the appellants
when the complainant failed to avail himself at the trial.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The trial judge erred when he failed to
consider the appellants alibi<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The sentences are harsh and successive<o:p></o:p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;