NANA KWAME POKU @ BRUTAL vs. THE REPUBLIC [2017]DLCA5460

Date	2017-04-12
Suit No.	CRIMINAL APPEAL NO. H2/08/2016
Citation No.	[2017]DLCA5460

E. K. AYEBI (PRESIDING) JA

GERTRUDE TORKORNOO (MRS.)

ANGELINA M. DOMAKYAAREH (MRS.) JA

DIANA ESSIEN FOR APPELLANT

ATTORNEY FOR REPUBLIC

[2017]DLCA5460
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >NANA KWAME POKU @ BRUTAL<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;
padding:0in 0in 1.0pt 0in">

CRIMINAL
APPEAL NO. H2/08/2016&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;WEDNESDAY, 12TH APRIL 2017<o:p></o:p>

</div>COUNSEL:<o:p></o:p>DIANA
ESSIEN FOR APPELLANT<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">

<p class="MsoNormalCxSpMiddle" style="margin-left:.5in;mso-add-space:auto;
text-align:justify;text-indent:-.5in;line-height:115%;tab-stops:.5in;
border:none;mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;
mso-padding-alt:0in 0in 1.0pt 0in">ATTORNEY FOR REPUBLIC<o:p></o:p>

</div>CORAM: -&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>E. K.
AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.), JA, ANGELINA M. DOMAKYAAREH
(MRS.) JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<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
30th November 2006, the appellant and one other were arraigned
before the High Court, Kumasi on one count of conspiracy to commit crime, to
wit robbery contrary to section 23(1) and section 149 of Act 29/60 and five
counts of robbery contrary to section 149 of Act 29/60 as amended by Act 646 of
2003. In an amended charge sheet, Agya Osei @ Osei Wayo was added as the third
accused, charged with the offence of dishonestly receiving property obtained by
crime to, wit robbery, contrary to section 146 of Act 29/60.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The
appellant herein and the other accused persons pleaded not guilty to the
charges in the various counts against them. The facts of the case are that, the
appellant and his accomplices two of whom were at large, formed a gang with the
sole aim of robbing only Opel Astra Cars for sale. The idea was hatched by A3,
Agya Osei, which appellant readily accepted. So apart from selling the idea to
the appellant, A3 recruited a driver for the appellant and advised him on the
modus operandi to adopt. A3 therefore stood by to reward the appellants and
others for any car they succeeded in snatching for him. A3 was therefore the
mastermind of the whole operation and appellant was the lead architect in all
cases.<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Here
is the modus operandi advised by A3 which they adopted: For an operation,
members of the group were three in number. The appellant would stop a taxi
about town as a charter and direct the driver to a particular location/place,
the accomplices would be waiting in hiding at an agreed spot between them. On
reaching the spot, the appellant would order the driver to stop or manage to
remove the ignition key of the car. The accomplices would then emerge from
their hide out with guns and knives.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The
taxi-driver is then ordered out of the car or pulled out if he resisted amidst
threats of death and then assaults. In the process, the appellant and his
accomplices would rob the taxi-driver of the car, his money and mobile phones. One
Kwaku who is at large drives the cars to A3. Between 6th July and 9th
August 2006, the appellant and his accomplices succeeded in snatching five (5)
Opel Astra taxi-cabs as well as monies and mobile phones of the drivers. On
10/08/06, the Opel Astra taxi-cab in count 6 was seen parked in front of
Kwadaso Police Station without the number plate. Somebody who knew the taxi-cab
called the owner. The owner was able to identify the taxi-cab as his and
immediately lodged a complaint with the police.<o:p></o:p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
He
was told somebody was seeking the release of the car to him and that person was
second accused in the case. He was thereon arrested. A2 led police to arrest
the appellant and subsequently A3, Agya Osei. Thereafter, the five cars which
were all snatched from their drivers were retrieved. At an identification
parade, all the victim drivers were able to pick out the appellant as the one
who led the robbery of their cars.<o:p></o:p>6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
At
the trial which started on 13th March 2007, appellant was not
</main>