NANA YAW OWUSU vs. THE REPUBLIC [2020]DLCA9263

Date	2020-07-16
Suit No.	SUIT NO H2/11/16
Citation No.	[2020]DLCA9263

DENNIS ADJEI J. A. (PRESIDING)

AMMA A. GAIZIE J.A.

ERIC K. BAFFOUR J.A

APPELLANT PRESENT

OLIVER ATSU ABADA FOR APPELLANT PRESENT

VICTORIA ASIEDUA PSA FOR REPUBLIC – ABSENT.

[2020]DLCA9263
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													<main id="main" class="content" style="min-height: 60rem" >NANA YAW OWUSU<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><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO H2/11/16&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &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: 16TH JULY, 2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>APPELLANT PRESENT<o:p></o:p>OLIVER ATSU ABADA FOR
APPELLANT PRESENT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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VICTORIA ASIEDUA, PSA, FOR REPUBLIC – ABSENT.<o:p></o:p>

</div>CORAM:<o:p></o:p>DENNIS ADJEI J. A.
(PRESIDING), AMMA A. GAIZIE J.A., ERIC K. BAFFOUR 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="text-align:center;line-height:115%;
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</div><o:p>&nbsp;</o:p>Baffour J.A:<o:p></o:p><o:p>&nbsp;</o:p>INTRODUCTION<o:p></o:p>We are confronted in this
appeal with some of the legal technical areas of criminal jurisprudence
relating to a plea of guilty and in instances where the plea is coupled with
words to the effect that there is some form of explanation to the plea. The appropriateness
of such a plea and its proper procedure known to the law and practice are some
of the core issues in this appeal. The Appellant before us was arraigned as
first accused together with eight other persons for two counts of conspiracy to
commit robbery and the substantive offence of robbery, all contrary to sections
23(1) and 149 of the Criminal and Other Offences Act, Act 29 of 1960. <o:p></o:p><o:p>&nbsp;</o:p>FACTS<o:p></o:p>The trial at the court
below concerns the Rambo style robbery of one Dora Kumi and two of her
daughters in Taifa, near Accra on the 5th of February, 2003. This
case gained popularity during the trial and became known as the Ataa Aryee
case. The facts as related during trial are to the effect that the complainant,
Dora Kumi and her two daughters closed from their shop at Okaishie, Accra and
set off in their vehicle for home in Taifa. At Taifa junction, two persons on a
motorbike crossed their path compelling the complainant to screech to an abrupt
end. Immediately a black Nissan Primera vehicle pulled up and stopped in front
of the complainant with six men wielding locally manufactured pistols who proceeded
to attack the complainant and her daughters. The robbers searched the vehicle
and took a number of items including mobile phones, shop keys, a passport, a lady’s
bag containing Sixty-Five Thousand Ghana Cedis and Forty-Five Million Cedis (GH₵5,500), all belonging to
the complainant. They bolted away with their booty. To the prosecution the
Appellant and one other being the 4th accused were arrested on the
13th of February, 2003 and they confessed to their involvement in
the robbery and mentioned other persons who were charged, tried and convicted
by the High Court. <o:p></o:p><o:p>&nbsp;</o:p>On his first arraignment
on the 4th of March, 2005, the Appellant pleaded not guilty to the
two counts that he was facing. After the plea the facts in support of all the
charges were read before the court to the hearing of everyone. Based on that
about seven or so lawyers that were representing the different accused persons
put in a plea for bail for which the prayers were all denied by the trial
court. However, from the record, on the 4th of July, 2005 and before
the trial commenced, the charges were read again to the Appellant as his plea
was re-taken. Appellant, it must be placed on record was ably represented by
one Joseph Kwoffie, as counsel. Appellant pleaded guilty to the count of
conspiracy to commit robbery but pleaded guilty with explanation to count two
on the substantive offence of robbery. The explanation provided by the
Appellant was not recorded by the court. What however, is stated is on record
at page 41 of the record wherein the trial Judge stated that:<o:p></o:p> 
“After listening to the explanation of the accused, the court accepts the
plea change of the accused not guilty to guilty and accordingly convicts him on
both counts of conspiracy and then robbery. Sentence will be deferred till
after trial”.<o:p></o:p>