KAFUI AGROH vs. THE REPUPLIC [2016]DLCA5156

Date	2016-10-25
Suit No.	CRIMINAL APPEAL NO: H2/02/2014
Citation No.	[2016]DLCA5156

HONYENUGA J.A. (PRESIDING)

GYAN J.A.

SUURBAAREH J.A.

MRS. SOLITAIRE MONHAJER FOR THE APPELLANT

NO REPRESENTATION FOR THE RESPONDENT

[2016]DLCA5156
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													<main id="main" class="content" style="min-height: 60rem" >KAFUI AGROH<o:p></o:p>(APPELLANT)<o:p></o:p>vs.<o:p></o:p>THE REPUPLIC<o:p></o:p>(RESPONDENT)<o:p></o:p><o:p>&nbsp;</o:p>[COURT OF APPEAL, CAPE COAST]<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 NO: H2/02/2014&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;DATE: 25TH OCTOBER,
2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MRS. SOLITAIRE MONHAJER
FOR THE APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NO
REPRESENTATION FOR THE 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;
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HONYENUGA
J.A. (PRESIDING), GYAN J.A., SUURBAAREH 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>HONYENUGA, J.A.<o:p></o:p>The
appellant and six others were charged with the offences of Conspiracy to commit
Robbery contrary to sections 23(1) and 149 of the Criminal Offences Act, 1960,
Act 29 as amended by Act 646 of 2003; Robbery contrary to section 149 of Act 29
and Possession of firearms without lawful authority, contrary to section 6 of
Act 118 of 1992 Constitution.<o:p></o:p><o:p>&nbsp;</o:p>The facts
as stated on the 3rd November 2002, by the prosecution were that the
appellant and the other convicts boarded various vehicles from Accra that were
bound for Mankessim.&nbsp; On reaching Eyisam
Abor near Mankessim, they alighted.&nbsp; On
the 4th day of November 2002, the appellant and the other convicts
armed with a pump gun, cutlasses and knives mounted a road block on the main
Accra-Mankessim road.&nbsp; By blocking the
road, they stopped vehicles that plied the road and subjected the passengers to
severe beatings and thereafter, robbed them of their monies.&nbsp; The Police had information about the
appellant and the other convicts on the road and sent a team of Policemen from
Accra and Cape Coast to Eyisam Abor.&nbsp; The
inhabitants of Eyisam Abor in the early hours spotted the appellant and the others
in the nearby bushes and they were arrested through the efforts of the Police
and the inhabitants.&nbsp; In the process, the
first convict who was armed with a gun opened fire on the Police and the
inhabitants and they also fired back.&nbsp;
During the exchange of gun fire, one of them died.&nbsp; Upon their arrest, the appellant and the
others were identified by the persons who were robbed on the night of 4th
October, 2002.&nbsp; After Police
investigations, they were charged with the said offences.&nbsp; Only the first convict was found to be in
possession of the arms for which he was charged.&nbsp; The appellant and the convicts pleaded not
guilty to the charges and were tried and convicted.&nbsp; The appellant was on the 28th day
of May 2009, sentenced to a term of 15 years on each count by the High Court,
Cape Coast.&nbsp; The sentences were to run
concurrently.<o:p></o:p><o:p>&nbsp;</o:p>Aggrieved
by the judgment of the trial court, the appellant has appealed on the following
grounds:-<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; “1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
judgment is against the weight of evidence.<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Further grounds to be filed when the
record of appeal is <o:p></o:p>obtained”.<o:p></o:p>Pursuant
to leave granted by this court on the 10th day of February 2013, the
appellant filed an additional ground of appeal thus:-<o:p></o:p>“a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That the trial court erred by failing to order that the
sentence meted out to the appellant should run from the date of his arrest”.<o:p></o:p>It is
noted that counsel for the appellant without stating that he had abandoned the
original ground of appeal, went on to argue the additional ground only.&nbsp; From counsel’s argument, I am left in no
doubt that he had abandoned the original ground of appeal and therefore it is
considered abandoned and struck out.&nbsp; I
would however, admonish counsel to learn to distinguish between filing grounds
of appeal meant for a Civil Appeal and that of a Criminal Appeal.&nbsp; For a ground of appeal couched as “The
judgment is against the weight of evidence” referred to grounds of appeal in
Civil Appeals.&nbsp; In Criminal Appeals the
same ground would have read “The conviction and/or sentence is against the
weight of evidence”.<o:p></o:p><p</main>