THE REPUBLIC vs. KWADWO HAGAN @ BOXER, ALEX AGYEI AGYEKUM @ ALEX OSEI OWUSU AND EBENEZER OKUOYOE [2017]DLCA4483

THE REPUBLIC vs. KWADWO HAGAN @ BOXER, ALEX AGYEI AGYEKUM @ ALEX OSEI OWUSU AND... [2017]DLCA4483

Date	2017-04-12
Suit No.	CRIMINAL APPEAL NO.: H2/02/2010
Citation No.	[2017]DLCA4483

E. K. AYEBI J.A. (PRESIDING)

G. TORKORNOO (MRS) J.A.

A. M. DOMAKYAAREH (MRS.) J.A.

COUNSEL FOR THE 2ND APPELLANT.

COUNSEL FOR THE RESPONDENT.

[2017]DLCA4483
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>(RESPONDENT)<o:p></o:p>vs.<o:p></o:p>KWADWO HAGAN @ BOXER,
ALEX AGYEI AGYEKUM @ ALEX OSEI OWUSU AND EBENEZER OKUOYOE<o:p></o:p>(2ND APPELLANT)<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;
padding:0in 0in 1.0pt 0in">

CRIMINAL APPEAL NO.: H2/02/2010&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: 12TH
APRIL, 2017<o:p></o:p>

COUNSEL
FOR THE 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>DOMAKYAAREH (MRS) J. A.<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This is an appeal from the judgment of
the High Court Kumasi, dated 29 April 2008 and presided over by His Lordship
Justice K. A. Pobi. The appellant herein together with two other accused
persons were charged on two counts namely: - <o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Conspiracy to commit robbery contrary
to Sections 23(1) and 149 of the Criminal and Other Offenses Act, 1960 (Act 29)
as amended by Act 646 and<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Robbery contrary to Section 149 of the
Criminal and Other Offenses Act, 1960 (Act 29) as amended by Act 646.<o:p></o:p>2.&nbsp;&nbsp;&nbsp; The facts of the case as presented by the
prosecution are that the complainant, one Yaw Barimah is a taxi driver in
charge of a Mitsubishi Lancer with Registration number AS 9089 P. A1 is a
mason, A2 is a trader while A3 is a driver. They all live at Maakro, Kumasi. On
3/12/2006 at about 11:30 pm the complainant was driving from Pankronu towards
Tafo Mile Four. At a junction he was stopped by the three accused persons who
asked him to take them to Osborne Junction at Tafo Mile Four. The complainant
agreed and two of the accused persons alighted when they got to their
destination. One of them however stayed in the taxi. When the complainant asked
for the payment of the fare, the accused persons pulled out guns and knives and
attacked the complainant. They overpowered him and dragged him out of the taxi.
The accused persons boarded the taxi with A3 driving. They went away with the
taxi including ₵750,000.00 (now GH₵75.00)
cash which he had kept in the car. <o:p></o:p>3.&nbsp;&nbsp; The complainant reported the robbery to the
Police that very night. He also caused announcements to be made on some FM
Radio Stations. The accused persons drove the taxi to Assin Fosu and arrived in
the early hours of the morning of 4/12/2006. They took the car to a fitter’s
workshop without a number plate. They asked the owner of the shop to repair the
car. Finding that the car had no number plate, the owner of the shop became
suspicious and alerted the Police at Assin Fosu. The Police went to arrest all
the three accused persons. It was found out that the vehicle owner’s address on
the sides of the car had been rubbed off by the use of sand paper. A search in
the car revealed a dagger, a knife, an axe, a chain and a piece of sand paper.
A pair of number plates bearing the number AS 3467 A was found on A3. The Assin
Fosu Police had information that the car was the subject of robbery in Kumasi.
On 21/12/2006 Police were detailed from the <o:p></o:p>Ashanti
Command to bring the accused persons and the items to Kumasi. In their
cautioned statements, they all admitted the offence.<o:p></o:p>THE TRIAL: <o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The accused persons were subsequently
arraigned before the trial court and charged with the offences as indicated.
The third accused A3 who drove the robbers in the taxi pleaded guilty with
explanation. He went further to explain that only a knife and an axe were found
in the car and not the other articles mentioned by the Prosecution. He also
said only ₵250,000.00 was found in the car and
not ₵750,000.00.
A3 was convicted on his own admission and sentenced to 25 years I.H.L. on the
30th of January 2007. <o:p></o:p>The
first and second accused who pleaded not guilty went through the full trial and
were convicted and sentenced to 30 years I.H.L by the trial judge on 29th April
2008. <o:p></o:p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Only the second accused has mounted
this appeal.&nbsp; He is seeking three reliefs
from this court, namely: - <o:p></o:p>I.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; To set aside the judgment.<o:p></o:p>