ABDUL RAMAN WATARA BENJAMIN vs. THE REPUBLIC [2020]DLCA9207

Date	2020-07-09
Suit No.	CRIMINAL APPEAL NO: H2/17/2019
Citation No.	[2020]DLCA9207

HONYENUGA JSC. (PRESIDING)

MERLEY WOOD (MRS.) J.A.

OBENG-MANU J.A

COLONEL MAHAMA IDDRISU (RTD) FOR THE APPELLANT

NO LEGAL REPRESENTATION FOR THE REPUBLIC RESPONDENT

[2020]DLCA9207
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													<main id="main" class="content" style="min-height: 60rem" >ABDUL RAMAN WATARA
BENJAMIN<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;
padding:0cm 0cm 1.0pt 0cm">

CRIMINAL
APPEAL NO: H2/17/2019&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: 9TH JULY, 2020<o:p></o:p>

<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">NO LEGAL REPRESENTATION FOR THE
REPUBLIC RESPONDENT<o:p></o:p>

<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><o:p>&nbsp;</o:p>MERLEY
WOOD, JA<o:p></o:p><o:p>&nbsp;</o:p>This is
an appeal against the judgment of the High Court, Accra dated 31st
July 2018 confirming the judgment of the Circuit Court, Tema convicting the
Appellant on the offence of conspiracy to commit crime to wit robbery contrary
to sections 23(1) and 149 of the Criminal Offences Act, 1960 (Act 29) and
sentenced to &nbsp;30 years imprisonment. <o:p></o:p>The
Appellant who was the 3rd Accused in the trial court was charged
jointly with seven other persons two of whom were at large. Whereas he was
charged with only the offence of conspiracy to commit crime to wit robbery, the
other accused persons were also charged with the offence of robbery contrary to
section 149 of the same enactment.&nbsp; <o:p></o:p>The
facts culminating in this appeal are as follows:<o:p></o:p>The complainant
was the owner and manager of the Goil and Agapet Gas Filling Stations located
at Valco Flats and Zenu respectively. The Appellant was the Assistant Manager
and Accountant respectively of the Complainant’s two Filling Stations. On 21st
January 2013, whilst the workers of the Agapet filling station were rendering accounts
to the Appellant in readiness for the bankers of the complainant to collect the
money at the said filling station, seven armed men who were wielding guns, held
them hostage in the accounts office.&nbsp; They
made away with the sum of Twenty Four Thousand Ghana Cedis (GHȼ24,000.00)
being three days sales. One of the workers identified the 1st
Accused person and police investigations led to his arrest on 6th
February 2013. He admitted the offences and mentioned the name of the 2nd
Accused person Mohammed Ali, as the leader of the gang. He also mentioned the
name of the 3rd Accused person and one Ernest as those who
masterminded the robbery as well as the 4th, 5th and 6th
Accused persons and one Mamud Shantut Ali as members of their robbery gang. The
1st Accused person on 9th February 2013 led the police to
the arrest of the 2nd Accused person who upon interrogation admitted
the offences and revealed that he planned the robbery with the Appellant and
one Ernest. He further stated that he was given an amount of Two Thousand Five
Hundred Cedis (GHȼ2,500)
by the Appellant as his share of the booty. Upon the arrest of the 4th
Accused person on 16th February 2013, he admitted having received an
amount of One Thousand Ghana Cedis (GH