HAYFORD OFOSU AMANING vs. THE REPUBLIC [2020]DLSC9329

Date	2020-07-28
Suit No.	HAYFORD OFOSU AMANING (APPELLANT) vs. THE REPUBLIC
Citation No.	[2020]DLSC9329

DOTSE JSC (PRESIDING)

APPAU JSC

PWAMANG JSC

DORDZIE (MRS) JSC

KOTEY JSC

KWESI ASEBU KWAKYE FOR THE APPELLANT.

SEFAKOR BATSE PRINCIPAL STATE ATTORNEY LED BY MRS EVELYN KEELSON CHIEF STATE ATTORNEY FOR THE RESPONDENT

[2020]DLSC9329
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													<main id="main" class="content" style="min-height: 60rem" >HAYFORD OFOSU AMANING<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>[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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CRIMINAL APPEAL NO. J3/05/2018&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; DATE: 28TH
JULY, 2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWESI ASEBU KWAKYE FOR
THE 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">

SEFAKOR BATSE, PRINCIPAL STATE ATTORNEY LED BY MRS EVELYN KEELSON, CHIEF
STATE ATTORNEY FOR THE RESPONDENT.<o:p></o:p>

</div>CORAM: &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;<o:p></o:p>DOTSE JSC (PRESIDING), APPAU JSC, PWAMANG JSC,
DORDZIE (MRS) JSC, KOTEY JSC<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:200%;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>DOTSE, JSC:-<o:p></o:p>PROLOGUE<o:p></o:p>William Blackstone, an eighteenth century English
jurist, in a statement on the hallowed principle of “Innocent until proven guilty:- rights of an accused person” upon
which our criminal justice administration has been founded in article 19 (2)
(c) of the Constitution 1992 stated as follows:-<o:p></o:p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; “Better that ten guilty persons
escape than that one innocent suffer.”<o:p></o:p>The above constitutes the fulcrum of our criminal
justice jurisprudence. We shall demonstrate whether the prosecution lived up to
the above principles of ensuring the innocence of the accused until he is
proven guilty.<o:p></o:p>FACTS<o:p></o:p>The complainant (hereafter referred to as PW1) in
this case, one Yaw Yeboah, is a driver of Kasoa and at all times material to
this case which is 19th February 2010 was in charge of Opel Astra
Taxi Cab with registration Number GE 3635 V. On the said date, at about 2pm,
the 3rd Accused, Nana Kwame, who was at large during the trial,
engaged the services of PW1 and requested that he drive him from Kasoa to
Agona-Swedru. After agreeing on the fare, PWI undertook the service and drove
the 3rd accused to Agona-Swredru. At Swedru, the 3rd
accused instructed PW1 to pick 1st Accused, (Kwame Annan) from his
house whilst the 2nd Accused (Hayford Ofori Amaning), hereafter
Appellant was picked from the lorry station. With the three accused persons now
on board the Taxi driven by PW1, he was directed to convey them to
Agona-Nyakrom and back to Kasoa as a result of which the fare was re-negotiated
from GH¢60.00 to GH¢100.00. On the way to Agona-Nyakrom, 3rd Accused
pulled a pistol on PW1 and asked him to stop the Taxi. <o:p></o:p>PW1 then got out of the Taxi with the pistol still
pointed at him by the 3rd accused. Whilst the 1st accused
held the hands of PW1 behind him, the Appellant and 3rd accused
removed the belt of PW1 and tried to strangle him with the belt. When that failed, the Appellant then
stabbed &nbsp;PW1 in the chest and as a result
PW1 fell to the ground and he observed that one of the accused whom he could
not identify tried to slit his throat when he lay on the ground unconscious. At
this stage, with the hands of PW1 tied behind him, 3rd accused shot
at him and they left thinking he was dead and drove the taxi away. Fortunately
PW1 was not dead, and he shouted for help. After first aid was administered to
him, he was rushed to Swedru Government Hospital, admitted and treated for his
injuries sustained as a result of the violent attack on him.&nbsp; A report was made to the Swedru Police.
Later, PW1 was invited to the Police station to identify some suspects who were
arrested by the Police.<o:p></o:p>During this identification, PW1 identified 1st
accused and the appellant as being among those who attacked and robbed him of
his Taxi cab. PW1 knew 3rd accused before this incident. After
investigations the accused persons were arraigned before the Circuit Court, Agona-Swedru,
on three counts of conspiracy, robbery and attempted murder.<o:p></o:p>JOURNEY FROM
TRIAL COURT, THROUGH HIGH AND APPEAL COURTS<o:p></o:p>This is an appeal by the appellant, therein 2nd
accused who was arraigned with two others before the Circuit Court,
Agona-Swredru on three counts of conspiracy, contrary to section 23 (1) of Act
29/60, Robbery contrary to section 149 of Act 29/60 and attempt to commit crime
to wit murder contrary to section 18 (1) and (46) of Act 29/60.<o:p></o:p>Out of abundance of caution, we produce in full
the statements and particulars of the offence with which the appellant and the
others were charged with as follows:-<o:p></o:p>