KOFITSE GAKPER vs. THE REPUBLIC [2019]DLCA8717

Date	2019-05-30
Suit No.	SUIT NO. H2/12/18
Citation No.	[2019]DLCA8717

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]DLCA8717
																																						<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" >KOFITSE GAKPER<o:p></o:p><w:sdtpr></w:sdtpr>(ACCUSED/APPELLANT)<o:p></o:p><span lang="EN-GB" 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. H2/12/18&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>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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">
 <p class="MsoNormalCxSpMiddle" align="center" style="margin-bottom:0cm;margin-bottom:
 .0001pt;mso-add-space:auto;text-align:center;line-height:normal;mso-pagination:
 none;mso-layout-grid-align:none;text-autospace:none;border:none;mso-border-bottom-alt:
 solid windowtext 1.5pt;padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>
 </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. Therefor</main>