JOSHUA OTI ACHAMFOUR (APPELLANT) vs. THE REPUBLIC [2017]DLCA5004

Date	2017-11-30
Suit No.	CRIMINAL APPEAL NO. H2/11/2016
Citation No.	[2017]DLCA5004

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

G. TORKORNOO (MRS) THEJ.A.

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

ISAAC OWUSU ANSAH FOR THE APPELLANT

[2017]DLCA5004
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													<main id="main" class="content" style="min-height: 60rem" >JOSHUA OTI ACHAMFOUR <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><o:p>&nbsp;</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 NO. H2/11/2016&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;DATE: 30TH
NOVEMBER, 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ISAAC
OWUSU ANSAH FOR THE APPELLANT<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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E.
K. AYEBI J.A. (PRESIDING), G. TORKORNOO
(MRS) THEJ.A., A. M.
DOMAKYAAREH (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>DOMAKYAAREH (MRS), J. A.<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
This appeal is
against the judgment of the Kumasi High Court, dated 19th October
2009. &nbsp;In the said judgment, the
appellant, was convicted of Conspiracy to commit Robbery contrary to Sections
23(1) and 149 of Act 29/60 and Attempt to commit Robbery contrary to Sections
18(2) and 149 of Act 29/60.&nbsp; The
appellant was then sentenced to 15 years Imprisonment with Hard Labour (IHL) on
each count with the sentences to run concurrently.<o:p></o:p><o:p>&nbsp;</o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
There were five
accused persons. The appellant was A2 the second accused. The prosecution
subsequently entered a Nolle Prosequi in respect of the 3rd and 4th
accused persons and they were accordingly discharged. A1 and A5 were convicted
of the respective offences for which they were charged but they have not
appealed.&nbsp; <o:p></o:p>The facts of the
case are that the complainant is a businessman resident at Patase and is the
uncle of the 1st and 5th accused, now convicts.&nbsp; They live at Pankrono. They had previously
stayed with the complainant, their uncle for periods of up to ten years each.&nbsp; The 2nd accused, the appellant
herein, is a son of a friend to the complainant.&nbsp; In December 2008, the 1st and 5th
accused, nephews of the complainant planned to rob the complainant.&nbsp; In furtherance of the plan, the 1st
accused contracted the 4th accused to assist in procuring persons
who would commit the robbery.&nbsp; The 4th
accused in turn informed the 3rd accused and later told them that he
knew of an armed robber who had served sentence on the offence.&nbsp; The 3rd accused assured the 1st
and 4th accused that he would get the assistance of the said
ex-convict who became an informant to the Police by feigned interest.&nbsp; On 29th December 2008, the 1st,
3rd and 4th accused went to Abrepo junction where they
met the ex-convict.&nbsp; There, the 1st
accused formally engaged the ex-convict to assist them in the robbery.&nbsp; The 1st accused further asked the
ex-convict to procure a gun to carry out the robbery.&nbsp; On 31st December 2008 the 1st
and 2nd accused persons sat in the ex-convict informant’s taxi cab
and went to survey.&nbsp; 12th January
2009 was fixed as the day on which the operation would take place knowing very
well that the complainant would be bringing huge sums of money to the
house.&nbsp; After everything had been
planned, the informant went to the Police and informed them.&nbsp; The Police asked him to continue to feign
interest so as to have the details of the operations.&nbsp; The Police informed the complainant about the
plan but asked him to keep mute about it. <o:p></o:p><o:p>&nbsp;</o:p>3.