KOFITSE GAKPER (ACCUSED/APPELLANT) vs. THE REPUBLIC (REPUBLIC/RESPONDENT) [2019]DLCA7769

Date	2019-05-30
Suit No.	SUIT NO H2/12/2018
Citation No.	[2019]DLCA7769

ADJEI J.A

ACKAH YENSU J.A

POKU-ACHEAMPONG J.A

ANTHONY LARTEY FOR THE ACCUSED/APPELLANT

DOMINIC W. BAKOMA FOR THE REPUBLIC/ RESPONDENT

[2019]DLCA7769
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													<main id="main" class="content" style="min-height: 60rem" >KOFITSE GAKPER<o:p></o:p>(ACCUSED/APPELLANT)<o:p></o:p><span lang="EN-US" style="font-size:12.0pt;
line-height:115%;font-family:&quot;Book Antiqua&quot;,serif;mso-fareast-font-family:&quot;Book Antiqua&quot;;
mso-bidi-font-family:&quot;Book Antiqua&quot;;color:#00B0F0">vs.<o:p></o:p>THE REPUBLIC<o:p></o:p>(REPUBLIC/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;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO H2/12/2018&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; &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 MAY,
2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ANTHONY
LARTEY FOR THE ACCUSED/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

DOMINIC
W. BAKOMA FOR THE REPUBLIC/ RESPONDENT<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;
padding:0cm 0cm 1.0pt 0cm">

ADJEI
J.A, ACKAH YENSU J.A, POKU-ACHEAMPONG 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;
padding:0cm 0cm 1.0pt 0cm">

</div>ADJEI,
J.A:<o:p></o:p>This appeal emanates from
the decision of the High Court, Accra delivered on 23rd July 2013. There
were three accused persons before the trial High Court and the Appellant in
this appeal was the third accused person. They were charged with two counts of
offences, namely, conspiracy to commit robbery contrary to section 23(1) and
149 of Act 29 as amended by Act 646 and robbery contrary to section 149 of Act
29 as amended by Act 646.<o:p></o:p>The first accused person
died before the trial commenced. The second accused person pleaded guilty with
explanation to both counts, was convicted, and sentenced to thirty years
imprisonment on both counts to run concurrently. The Appellant pleaded not
guilty to both counts and the trial commenced. He was finally convicted of both
counts and was sentenced to 30 years imprisonment on each count to run
concurrently. <o:p></o:p>The brief facts of the case
were that the three accused persons and another person believed to be at large
on 23rd October 2006 at West Legon in Accra agreed and acted
together with a common purpose to rob Dr. Gilbert Aboryo Ankrah. The accused
persons entered the house of the complainant at gun point and took away an LG
television set, a Technics audio component, other electrical equipment, jewelry,
and an amount of GHS 3,000.00. The first and second accused persons entered the
doctor’s room unmasked. The doctor was, therefore, able to identify them by
their faces.<o:p></o:p>The first accused person and
four others were involved in another robbery and he was wounded and captured. He
confessed to having committed robbery including the one involving Dr. Gilbert
Aboryo Ankrah. He was alleged to have mentioned the names of the Appellant, the
second accused person and two other persons who were at large.<o:p></o:p>He led the police to arrest
the Appellant from his house at Haatso. The police also arrested the second
accused person at his house at Sogakope. They subsequently organized an
identification parade where Dr. Gilbert Aboryo Ankrah identified the first and
second accused persons as the two robbers who entered his room unmasked. Whilst
the case was pending, the first accused person was engaged in another robbery
and was shot and killed. Dr. Gilbert Aboryo Ankrah did not identify the Appellant
but claimed that someone at that identification parade mentioned that the
Appellant drove the vehicle used in robbing him. <o:p></o:p>The Appellant, being
dissatisfied with both the conviction and sentence, sought leave from the High
Court to appeal against both conviction and sentence to this Court. On 14th
November 2017, the High Court granted the Appellant leave to appeal against
both the conviction and the sentence. The appellant filed his notice of appeal
on 27th November 2017 and set down two grounds of appeal. They were
that the conviction is prima facie wrong in law and that the sentence is harsh
and excessive. The appellant did not file any additional ground of appeal.
Therefore, the present appeal will be determined on those grounds.<o:p></o:p>We address ground 1 of the
appeal which is that the conviction is prima facie wrong in law. The Appellant
did not provide particulars of the error in law. It is, therefore, important to
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