THE REPUBLIC vs. NANA YAW KYEREMEH & 2 ORS [2018]DLCA16221

Date	2018-12-18
Suit No.	CRIMINAL APPEAL SUIT NO: H2/02/17
Citation No.	[2018]DLCA16221

ADUAMA OSEI JA (PRESIDING)

DZAMEFE JA

M. WELBOURNE JA

MICHAEL GYAN OWUSU FOR APPELLANT.

MICHAEL BOAFO STATE ATTORNEY

ABENA NYANTAKYIWAA AGYEMANG (ASSISTANT STATE ATTORNEY FOR THE STATE.

[2018]DLCA16221
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>NANA YAW KYEREMEH &amp; 2 ORS<o:p></o:p>&nbsp;[COURT OF APPEAL, KUMASI]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt;">

CRIMINAL
APPEAL SUIT NO: H2/02/17&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 18TH DECEMBER, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MICHAEL
GYAN OWUSU FOR APPELLANT.<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0in 0in 1pt;">

MICHAEL BOAFO STATE ATTORNEY , ABENA
NYANTAKYIWAA AGYEMANG (ASSISTANT STATE ATTORNEY FOR THE STATE.<o:p></o:p>

</div>CORAM: <o:p></o:p>ADUAMA
OSEI JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0in;">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;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>&nbsp;DZAMEFE JA<o:p></o:p>&nbsp;The
appellant and two others were charged with the following offences: Conspiracy,
Unlawful entry, Stealing and Causing unlawful damage.<o:p></o:p>&nbsp;FACTS<o:p></o:p>The
complainant in the case is the General Manager of Chambees Co. Ltd.&nbsp; The 1st accused is a Galamsay
Operator and resides at Sunyani while both 2nd and 3rd
accused persons are car dealers living at Kumasi.&nbsp; My lord, on 27th October, 2014,
the three accused persons agreed and planned to break into the warehouse of
Chambees Co. Ltd, Sunyani and steal the Company’s money.&nbsp; In furtherance of their diabolic plan, 2nd
accused and 3rd accused travelled from Kumasi in a black Ford Escape
4x4 vehicle with registration number AS 5165-14 and joined 1st
accused in Sunyani at about 7:00pm on 29th October, 2014.&nbsp; On the arrival of 2ndaccused and 3rd
accused from Kumasi they joined 1st accused and all of them went and
stood at a food vendor’s shed opposite Chambees Co. Ltd monitoring the activities
of the Company.&nbsp; After the company had
closed and all the employees had left leaving behind the two(2) watchman, 2nd
accused drove his Ford Escape vehicle and parked just in front of warehouse.&nbsp; He feigned that the vehicle had developed a
fault and opened the bonnet to try and fix the fault.&nbsp; The watchman of Chambees Co. Ltd and the one
at MTN Ghana who sympathized with 2nd accused quickly moved in to
assist him fix the vehicle’s fault.&nbsp; No
soon thereafter, 2nd accused and the watchmen struck an acquaintance
and started chatting while they tried to fix the vehicle.&nbsp; Later, 2nd accused informed the
watchmen that he had called a mechanics to come and fix the fault for him and
needed to go and buy some food since it was late and he was hungry.<o:p></o:p>&nbsp;He
requested the three watchmen to watch over his vehicle for him.&nbsp; He quickly went and met 1st
accused and 2ndaccused at Victoria Park, Sunyani where 1st
accused gave a drugged beverage (tea), bread and fried eggs together with one undragged
beverage to 2nd accused.&nbsp;
After that 1st accused and 2ndaccusedleft and took
their positions at the food vendor’s shed directly opposite the company’s
warehouse to do their monitoring.&nbsp; 2ndaccused
on the other hand returned to the frontage of the company where the vehicle was
parked and gave the drugged beverage, bread and fried eggs to the watchmen
while he drunk the undrugged beverage, bread and fried egg in their presence.&nbsp; The watchmen who did not suspect any foul
play took the drugged food and ate.&nbsp; No
sooner than he had given the food to the watchmen, 2nd accused
turned on the ignition key of the vehicle, informed the watchmen that the fault
had been restored, drove off and parked at a parking space directly opposite
Anglican Church and ADB on the Sunyani-Fiapre road.<o:p></o:p>&nbsp;2ndaccused
then joined 1st accused and 2nd accused at the food
vendor’s shed monitoring to see whether the drugged food would have effect on
the watchmen.&nbsp; Soon after 2nd
accused joined 1st accused and 2nd accused, it started
raining and all the three watchmen fell fast/deep asleep. 1st
accused then went and checked on them to confirm whether they were indeed
asleep.&nbsp; To the amazement of the accused
person, the watchmen had indeed fallen fast/deep asleep.<o:p></o:p>&nbsp;A1
then went for a metal bar which was in his red Toyota Matrix unregistered vehicle
parked at a distance from the company and forcibly broke the locks of the
Company’s warehouse while 2nd accused and 3rd accused
watched guard.<o:p></o:p>&nbsp;After
succeeding to break open the lock at the entrance of the Company’s warehouse, 2nd
accused joined 1st accused and the two dragged to the entrance the
metal safe containing the Company’s money totaling Gh¢130,935.50.&nbsp; 2nd accused quickly went for the Ford
Escape 4X4 vehicle, drove to the frontage of the Company’s warehouse and assisted
A1 and 3rd accused to carry the metal safe into the vehicle.&nbsp; The accused person also took a cheque leaflet
dawn in the name of Chambees Co. Ltd with a face value of Gh¢34,000.00.&nbsp; They later sped off and headed towards Asufufu
at the direction of A1 with 2nd accused driving the vehicle.<o:p></o:p>&nbsp;When
they reached Asufufu, the accused persons dumped the metal safe in a corn/maize
farm near the Sunyani Chief’s Palace and then drove to Sunyani Magazine to
search for an implement to break the safe. At Sunyani magazine, 1st accused
instructed 2nd accused to park at a junction at the second gate to
watch guard while he and 3rd accused went and broke into a
vulcanizing shop belongin</main>