AKWASI ANNIN vs. THE REPUBLIC [2017]DLCA4470

Date	2017-10-23
Suit No.	CRIMINAL APPEAL NO. H2/05/2016
Citation No.	[2017]DLCA4470

E. K. AYEBI (PRESIDING) JA

GERTRUDE TORKORNOO (MRS.) JA

ANGELINA M. DOMAKYAAREH (MRS.) JA

KOFI ADDO FOR APPELLANT

CECILIA ANIMA PEPRAH TAKYI (S.A.) FOR RESPONDENT

[2017]DLCA4470
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													<main id="main" class="content" style="min-height: 60rem" >AKWASI ANNIN<o:p></o:p>(APPELLENT)<o:p></o:p>vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>[COURT
OF APPEAL, KUMASI]<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.&nbsp; H2/05/2016&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;DATE: 23RD OCTOBER 2017<o:p></o:p>

CECILIA
ANIMA PEPRAH TAKYI (S.A.) FOR RESPONDENT<o:p></o:p>

<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>AYEBI, JA<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On 15th March 2012, the appellant was
arraigned before the High Court, Kumasi on one count of robbery contrary to
section 149 of the Criminal and Other Offences Act, 1960 (Act 29).&nbsp; After a full trial, he was pronounced guilty
of the offence, convicted and sentenced to 15 years imprisonment in hard
labour.&nbsp; This appeal lodged pursuant to
the leave of this court on 14th April 2015, is against both the conviction and
sentence.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The complainant in the case is James
Nketiah, driver in charge of Kia Pride taxi cab with registration number GT 45
79 W.&nbsp; In the evening of 25th January
2012, he was plying his trade in town.&nbsp;
At about 8.30 pm at Kwadaso-Kumasi, the appellant stopped him and
requested that he takes him to Maria Montessori School.&nbsp; They agreed on a fare of GH¢8.00 for a round
trip.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On reaching a place called “Engineer”,
the appellant asked the complainant to stop and he did.&nbsp; The appellant then pulled out a kitchen knife
and ordered the complainant out of the car and threatened to stab him if he did
not.&nbsp; The complainant got hold of the
knife and a struggle ensued between them in the car.&nbsp; The complainant activated a steer locking
device and took to his heels.&nbsp; While in
flight, he shouted on top of his voice for help.&nbsp; The shouts attracted some people to the
scene.&nbsp; Although appellant sparked the
car, he was unable to move it.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; On seeing people coming to the aid of
the complainant, appellant began to ran away.&nbsp;
But he was chased and arrested.&nbsp;
He was taken to the police station from where he was sent to the
hospital for treatment because he was assaulted by those who arrested him.<o:p></o:p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; At the trial, the complainant who is
PW1, narrated what actually took.&nbsp; He
told the court that when appellant stopped him, he asked him to take him
(appellant) to Odeneho Kwadaso and then to Kwadaso Estate.&nbsp; They agreed on a fare of GH¢8.00, he
said.&nbsp; PW1 also stated that when the
appellant stopped him, he held something in a black polythene bag.&nbsp; Then when they got to Montessori area,
appellant told him he would alight.&nbsp; But
then appellant asked him to move forward a bit.&nbsp;
And when he got to an area called “Lawyer” which was dark and quite, he
requested to alight.&nbsp; PW1 continued that,
in the process of alighting, appellant pointed a knife at him, with the demand
that he should hand over the car to him. PW1 said he pleaded with the appellant
because his car owner would think he had sold the car and pocketed the
proceeds.&nbsp; But the appellant warned him
not to engage in any exchanges with him.&nbsp;
In the ensuing struggle, PW1 said he held the top of the knife but
appellant pulled it through his hand and dropped it.<o:p></o:p>6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; According to PW1, a security device he
fixed on the car renders the car immobile when it is off.&nbsp; So he activated the device and fled amidst
shouting that “thief, thief, my car has been seized”.&nbsp; He said the appellant tried to move the car
but could not.&nbsp;&nbsp; So the residents in the
area who heard his shouts came around.&nbsp;
He told them the appellant is the thief who has seized his car.&nbsp; Two of them helped arrest the appellant and
accompanied him to the Central Police Station.&nbsp;
He said although appellant denied he had a knife on him, they found it
in the front seat.<o:p></o:p>7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; PW2 was one of those who arrested the
appellant and accompanied PW1 to send him to the Police station and then, the
hospital.&nbsp; PW3 was the police
investigator.&nbsp; After their evidence, the
trial judge held that a prima facie case has been established against the
appellant by the prosecution and so called upon him to enter into his
defence.&nbsp; The appellant opted to give
evidence on oath.<o:p></o:p>8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; It is his case that apart from
operating galamsay at Tarkwa, he does not do any other work.&nbsp; He said he does give lotto numbers to people
to stake and they win.&nbsp; On the day of the
incident, which was a Wednesday, a man called to inquire if he had numbers to
give him to stake on Thursday.&nbsp; The man
invited him to bring the numbers to him at Santasi.&nbsp; So at 8.00pm, he hired the taxi of PW1 on
“dropping” basis to Santasi Montessori area and back.&nbsp; Appellant said PW1 demanded GH¢8.00 as the
fare.&nbsp; He requested him to reduce
it.&nbsp; But PW1 told him to board the taxi
and they will continue to bargain on the way.<o:p></o:p>9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Indeed on the way they bargained and he
told PW1 that he was sending lotto numbers to somebody.&nbsp; Appellant said PW1 refused his offer of
GH¢6.00.&nbsp; However, when they reached the “Engineer”
area, the person was not there.&nbsp; So he
gave PW1 GH¢3.00 to go as he waits for the person.&nbsp; But PW1 rejected the GH¢3.00, got down and
requested him to add GH¢1.00 to make GH¢4.00 which was his charge.&nbsp; Appellant said he also refused to add the one
cedi.<o:p></o:p></</main>