KWABENA ADJEI vs. THE REPUBLIC [2020]DLCA10046

Date	2020-12-23
Suit No.	CRIMINAL APPEAL NO.: H2/13/2019
Citation No.	[2020]DLCA10046

ANGELINA M. DOMAKYAAREH (MRS) J.A

ALEX B. POKU-ACHEAMPONG J.A

SAMUEL K. A. ASIEDU J.A.

MARGARET MARY ADJEI TWUM FOR THE APPELLANT

CECILIA ANIMA PEPRAH TAKYI SENIOR STATE ATTORNEY WITH AKUA

ADOMA ADDAI ASSISTANT STATE ATTORNEY FOR THE RESPONDENT.

[2020]DLCA10046
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													<main id="main" class="content" style="min-height: 60rem" >KWABENA ADJEI<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, 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: 0cm 0cm 1pt;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">CRIMINAL
APPEAL NO.: H2/13/2019&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE:
23RD DECEMBER, 2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>MARGARET MARY ADJEI TWUM FOR THE 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: 0cm 0cm 1pt;">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">CECILIA ANIMA PEPRAH TAKYI,
SENIOR STATE ATTORNEY, WITH AKUA ADOMA ADDAI, ASSISTANT STATE ATTORNEY, FOR THE
RESPONDENT.<o:p></o:p>

</div>CORAM:<o:p></o:p>ANGELINA M. DOMAKYAAREH (MRS) J.A, ALEX B.
POKU-ACHEAMPONG J.A, SAMUEL K. A. ASIEDU J.A.<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 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;DOMAKYAAREH (MRS), JA: <o:p></o:p>[1]
This appeal
emanates from the Judgment of the High Court, Kumasi dated 12th
December, 2011. In the said Judgment, the Trial Judge after full trial which
included a Mini Trial, convicted the Appellant on four different Counts with
which he was charged, namely: - One Count of Conspiracy to Rob Contrary to
Sections 23(1) and 149 of the Criminal Offences Act, 1960 (Act 29), One Count
of Robbery Contrary to Section 149 of Act 29 aforesaid, and Two Counts of
Attempted Robbery Contrary to Sections 19 and 149 of the said Act 29. The Appellant
was sentenced to 18 years Imprisonment in Hard Labour on each Count to run
concurrently.<o:p></o:p>[2]
There are two
Complainants in this matter. The 1st Complainant, one Abubakar
Sulemana is a taxi driver who lives at Dichemso while the 2nd
Complainant, Jennifer Boakye Antwi, is a trader who lives at Atonsu. The Appellant
is a driver’s mate and he lived at Tachiman Miremadwa.<o:p></o:p>[3]
The brief
facts of the case are that on 13th February, 2011 at about 10:30 pm,
the 1st Complainant was driving his KIA PRIDE taxi cab with Registration Number
BA 506 Y. The Appellant, together with his Accomplice who has remained at
large, engaged his services at Kejetia to take them to Santasi. When they got
to Opoku Ware Secondary School, The Appellant and his said Accomplice pulled a
knife and a gun on him and took his Motorola Phones valued at GHC200.00 and
cash of GHC30.00. They then pushed him out of the taxi cab and sped away with
the taxi cab with the Appellant at the steering wheel. <o:p></o:p>[4]
Subsequently
that same night, the Appellant and his said Accomplice picked the 2nd
Complainant, one Jennifer Boakye Antwi and another boy as passengers at Santasi
Roundabout. The 2nd Complainant was going to Atonsu while the boy
was going to Ahodwo Roundabout. On reaching the Ahodwo Roundabout, the
Appellant and his said Accomplice pulled out a locally made pistol and a knife
and threatened to hurt them if they did not hand over their phones and monies.
They however refused and a struggle ensued between them. During the struggle,
the Appellant who was behind the steering wheel, lost control and the taxi
veered off the road and hit a tree. Some Policemen who were on Patrol duty at
the Ahodwo Roundabout rushed to the scene and arrested the Appellant but his
said accomplice bolted away. The case was then reported to the Regional CID
where the Appellant was identified by the 1st Complainant as the one
who snatched his taxi from him. After investigations, the Appellant was
charged, tried, convicted and sentenced as aforesaid by the High Court in
Kumasi.<o:p></o:p>[5]
Pursuant to
an Order for Extension of Time within which to appeal granted by the Prison
High Court, Kumasi on 4th December, 2018, the Appellant is before
this Court pursuant to the Petition of Appeal filed on 17 – 12 – 18, to appeal
against his conviction. The Appellant stated only one ground of appeal, namely,
that
the sentence was harsh and excessive. The Appellant however stated that additional
grounds of appeal would be filed upon receipt of the Record. Pursuant to this,
the Appellant filed one Additional Ground of Appeal pursuant to Leave granted
by this Court on 16th March, 2020. The Additional Ground of Appeal
is
that the Court erred when it failed to consider the age of the Appellant, which
failure had occasioned a grave miscarriage of justice.<o:p></o:p>[6]