OSEI EMMANUEL @ EMMA vs. THE REPUBLIC [2018]DLCA5343

Date	2018-02-22
Suit No.	SUIT NO. H2/10/2017
Citation No.	[2018]DLCA5343

VICTOR OFOE J.A. (PRESIDING)

IRENE CHARITY LARBI (MRS) J.A

HENRY A. KWOFIE J.A.

AUGUSTINE GYAMFI FOR THE APPELLANT

JASPER DOE (SSA) FOR THE RESPONDENT

[2018]DLCA5343
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													<main id="main" class="content" style="min-height: 60rem" >OSEI EMMANUEL @ EMMA<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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<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">SUIT NO. H2/10/2017&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE
22ND FEBRUARY 2018<o:p></o:p>

</div>COUNSEL:<o:p></o:p>AUGUSTINE
GYAMFI 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:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>VICTOR OFOE J.A. (PRESIDING), IRENE CHARITY
LARBI (MRS) J.A, HENRY A. KWOFIE J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
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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>HENRY
KWOFIE J.A.<o:p></o:p><o:p>&nbsp;</o:p>The appellant and 2 other persons were
charged with conspiracy to commit robbery contrary to section 23 (1) of Act 29
and 149 of Act 29 as amended by Act 646. The appellant and one other person were
also charged with robbery contrary to section 149 of Act 29 as amended by Act
646. They were arraigned before the High Court Accra. All the accused persons
including the appellant pleaded not guilty to the charge. The trial High Court
heard the matter to its conclusion, convicted the appellant on both counts and
on the 5th of December 2013 sentenced him to a term of 25 years I.
H. L. on each counts, the sentences were to run concurrently. It is against his
conviction and sentence that the appellant filed the instant appeal. The facts
of the case as presented by the prosecution at the trial High Court was that
the complainant, a computer software engineer is resident at the SSNIT Flats
Dome. <o:p></o:p><o:p>&nbsp;</o:p>On the 23rd of September, 2012
at about 1:00am, the complainant together with one Patience Owusu were in the
complainant’s Toyota Hilux vehicle with registration number GW 4787 Y returning
to Dome from a programme at the Banquet Hall of Parliament House. The
complainant who was then driving the vehicle, upon reaching the main gate to
his house, alighted from the vehicle to open the gate as it was locked. <o:p></o:p><o:p>&nbsp;</o:p>A1 and A2 together with two other suspects now
at large all armed with pistols and cutlasses suddenly alighted from a saloon car
which they had used to trail the complainant to his house, threatened the
complainant with their weapons and robbed him and his fiancé of his Toyota
Hilux vehicle with registration number GW 4787 Y, one i-pad, two i-phones, one
blackberry phone, the complainant’s credit cards and cash in the sum of GHC400.<o:p></o:p><o:p>&nbsp;</o:p>The police acting upon intelligence traced
A1 and A2 to Neoplan Station at Kwame Nkrumah Circle, Accra. They were
consequently arrested on board a Kumasi bound vehicle. A search conducted on
them revealed the i-pad that was stolen during the robbery. Upon interrogation,
A1 and A2 admitted the offence and led the police to the house of A3 who
admitted receiving the complainant’s stolen vehicle which he had quickly driven
together with A4 to Togo to sell. A1 and A2 further told the police that prior
to the robbery they had met A3 at his residence at Sowutuom Agenda where A3
tasked them to go and rob a Toyota Hilux Vehicle and that A3 provided the
details of the Toyota Hilux Vehicle with which they trailed the complainant on
the night of the robbery.<o:p></o:p><o:p>&nbsp;</o:p>A3 led the police to Aflao where A4 was
arrested. The fourth accused upon his arrest, admitted that he together with A3
had sent the stolen Toyota Hilux vehicle belonging to the complainant to Togo
for sale. The Aflao police in collaboration with the Togolese Security
apparatus were able to trace and retrieve the stolen vehicle at a village
called Adidogomo in Togo. <o:p></o:p>&nbsp;<o:p></o:p>The appellant being aggrieved by the
conviction and sentence filed an appeal based on the following grounds:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That
the learned judge erred in law by convicting and sentencing the appellant on
robbery when indeed the prosecution failed to do in-depth investigation on his
assertion that he came to Accra to trade. <o:p></o:p>