RICHARD COBBINA vs. THE REPUBLIC [2018]DLCA5092

Date	2018-02-08
Suit No.	CRIMINAL APPEAL NO.: H2/13/2017
Citation No.	[2018]DLCA5092

KUSI-APPIAH JA (PRESIDING)

HONYENUGA JA

KWOFIE JA

MR. JOSEPH KAPONDE FOR THE APPELLANT

MS. ELIZABETH SACKEYFIO SSA FOR THE RESPONDENT

[2018]DLCA5092
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													<main id="main" class="content" style="min-height: 60rem" >RICHARD COBBINA<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, 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.: H2/13/2017&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; DATED: 8TH FEBRUARY, 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. JOSEPH KAPONDE FOR THE APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>CORAM:<o:p></o:p>KUSI-APPIAH JA
(PRESIDING), HONYENUGA JA, KWOFIE JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormalCxSpMiddle" align="center" style="text-align:center;border:none;
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</div>HONYENUGA,
JA<o:p></o:p>The appellant and
others were convicted of conspiracy to commit robbery and Robbery by the High
Court, Accra on the 11th day of October, 2013 and sentenced to
Fifteen (15) years imprisonment on each count to run concurrently. It is
against his conviction and sentence that the appellant filed this appeal.<o:p></o:p><o:p>&nbsp;</o:p>The facts of this
appeal as presented by the prosecution at the trial High Court was that the
complainant is a businessman and resident at Baatsona. The fourth convict is a
draughtsman residing at Teshie in Accra. At about midnight on 12th
June 2009, the fourth convict and others in masks broke into the house of the
complainant, attacked him and his household with guns and knives. They beat
them up and robbed the complainant of an amount of One Hundred and Fifty Ghana
Cedis (GH¢150.00) and five Laptop Computers made up of Dell, Toshiba, Acer and
HP models. The convicts also took away the car key of the complainant’s vehicle
and bolted away. The complainant later used the duplicate key of the vehicle to
chase up the convicts. He later found them boarding a taxi cab. <o:p></o:p><o:p>&nbsp;</o:p>Upon seeing the
complainant, the convicts took to their heels but the fourth convict was
overpowered and arrested. The convict was handed over to the Police together
with three (3) live cartridges found in his pocket and a hand-bag containing
three of the laptops. On the 11th day of July 2010, the 3rd
convict was arrested by the Regional Police Headquarters, Accra in a different
Robbery case at Dansoman. Upon interrogation before the Regional Crime Officer,
Accra, the 3rd convict confessed to have participated in a series of
robberies together with others where they took place with the different groups
of people he went with. <o:p></o:p><o:p>&nbsp;</o:p>In the instant
robbery, the 3rd convict further confessed and mentioned the names
of the first and 2nd and 4th convicts including one
Gladstone who is at large as an accomplice. The 3rd convict assisted
the police to arrest the 1st convict and the appellant herein at
Nungua on the 18th day of August, 2010. During interrogation, the
two convicts also admitted the offences in their cautioned statements to the
police. The learned trial judge after hearing the case to its logical
conclusion delivered his judgment on the 11th day of October 2013,
convicted and sentenced them to fifteen (15) years on each count to run
concurrently.<o:p></o:p><o:p>&nbsp;</o:p>The appellant being
aggrieved by his conviction and sentence filed an appeal based on two grounds
as follows:-<o:p></o:p>“a.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The applicant raised reasonable doubt to
secure his acquittal and discharged from the charges of conspiracy to rob and
robbery.<o:p></o:p>&nbsp;b.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The
sentence of 15 years IHL was harsh.<o:p></o:p>&nbsp;c.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Further
grounds of appeal may be filed upon receipt of the record of proceedings”.<o:p></o:p>Arguing the first
ground of appeal, learned counsel for the appellant cited Woolmington v Director of Public Prosecutions [1935] AC 462 HL, Akosa v
C.O.P. [1950] 3 WACA 43, R. V. Ojojo [1959] GLR 207 CA, Gligah &amp; Aliso v
The Republic [2010] SCGLR 870, Section 13(1) of NRCD 323 and other legal
authorities on the burden of proof on the prosecution to prove their case
beyond reasonable doubts. He stated that it is sufficient when the accused
raises a doubt as to his guilt. Learned counsel referred to the evidence
adduced at the trial and submitted that since the evidence of the appellant
cannot be traced, the appellant should not suffer for the anomaly, particularly
when an affidavit sworn to by the Registrar of the trial court confirmed this. Counsel
further submitted further that the appellant adduced sufficient evidence to
cast reasonable doubt as to his guilt and subsequent acquittal. Counsel
contended that the only reason for the arrest and prosecution of the appellant
was that PW4 (should read 4th convict) mentioned him as an
accomplice in the robbery event. Counsel also further contented that reliance
on the first convict’s confession statement to the police (Exhibit ‘B’) to
convict the appellant was therefore wrong in law. Counsel therefore submitted that
there is reasonable doubt as to the commission of the acts of conspiracy to rob
and robbery by the appellant.<o:p></o:p><o:p>&nbsp;</o:p>It is trite law
that an appeal is by way of re-hearing of a case. See Dexter Johnson v The Republic [2011] SCGL</main>