FAISAL IBRAHIM @ LEBEZEBE vs. THE REPUBLIC [2017]DLCA4737

Date	2017-10-23
Suit No.	CRIMINAL APPEAL NO: H2/07/2017
Citation No.	[2017]DLCA4737

AYEBI J.A. (PRESIDING)

TORKORNOO (MRS) J. A.

DOMAKYAAREH (MRS) J. A.

AKUA OPPONG-MENSAH FOR THE DEFENDANT/APPELLANT

CECILIA ANIMAH PEPRAH TAKYI FOR THE PLAINTIFF/RESPONDENT

[2017]DLCA4737
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													<main id="main" class="content" style="min-height: 60rem" >FAISAL IBRAHIM @ LEBEZEBE<o:p></o:p>(APPELLANT)<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: H2/07/2017&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: 23RD OCTOBER,
2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>AKUA
OPPONG-MENSAH FOR THE DEFENDANT/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CECILIA
ANIMAH PEPRAH TAKYI FOR THE PLAINTIFF/RESPONDENT &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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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</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>A.
M. DOMAKYAAREH (MRS), J.A<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; This is
a criminal appeal against the judgment of the High Court, Kumasi dated 30th
July 2015.&nbsp; The facts ascertained from
the Record of Appeal are that the complainants in the case, two in number are
students who reside at Ahinsan Estates, a suburb of Kumasi.&nbsp; The 1st accused, who is the
appellant herein, is a driver, the 2nd accused a driver’s mate, the
3rd accused a fitter while the 4th accused is an auto
mechanic.&nbsp; There were 5th and
6th accused who were at large during the trial and have since
remained at large.&nbsp; On 4th May
2011, at about 8:30pm, the 1st complainant drove his brother’s
Navara Pick up vehicle with Registration No. ER 7744 -10 from his house at
Ahinsan Estates to a shop located in the same area to purchase credit for his
phone.&nbsp; The said shop was being manned by
the 2nd complainant. Whilst at the shop all the accused persons “vigorously”
attacked the complainants in a bid to rob them.&nbsp;
The accused persons pinned them down to the ground and when the 1st
complainant resisted, the accused persons inflicted cutlass wounds on him.&nbsp; The accused persons succeeded in over
powering them and collected the keys to the Nissan Navara Pick-Up vehicle
valued at GH⊄60,000 as well as his Samsung Galaxy Mobile
phone.&nbsp; The accused persons then drove
away the vehicle, leaving behind two caps which two of them were wearing at the
time. <o:p></o:p>&nbsp;<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
1st complainant who was bleeding profusely as a result of the attack
was rushed to the hospital where he was treated. &nbsp;A report was then made to the Police.&nbsp; On 14th May 2011, the 3rd
and 4th accused persons were arrested by the Asawasi Police upon a
tip off.&nbsp; They both denied the offence
but stated that they had overheard the other accused persons talking about the robbery
incident at a tea seller’s place.&nbsp; On 14th
June 2011, the 2nd accused was arrested and he mentioned the others
as his accomplices.&nbsp; On 28th
July 2011, the 1st accused, the appellant herein was arrested and he
admitted his involvement in the offence.&nbsp;
All the accused persons were subsequently arraigned before the Circuit
Court, Kumasi on 21st October 2011 on four counts, namely, one count
of conspiracy to commit robbery
contrary to Sections 23(1) and 149 of Act 29/60, robbery contrary to Section 149 of Act 29/60 as amended by Act 646,
causing harm contrary to Section 69
of Act 29/60 and assault contrary to
Section 84 of Act 29/60.<o:p></o:p><o:p>&nbsp;</o:p>3.&nbsp;&nbsp;&nbsp; The
accused persons, with the exception of the 5th and 6th
accused who were at large, pleaded not guilty to all the charges<o:p></o:p><o:p>&nbsp;</o:p>After full trial by the Circuit Court, the Circuit
Judge acquitted and discharged the 4th accused from all the
charges.&nbsp; He however convicted A1, A2 and
A3 on the count of conspiracy and
sentenced each of them to 30 Years Imprisonment with Hard Labour.&nbsp; A1 and A2 were convicted of Robbery and sentenced to 50 Years
Imprison</main>