KWABENA MENSAH vs. THE REPUBLIC [2021]DLCA10047

Date	2021-02-25
Suit No.	SUIT NO.: H2/16/2019
Citation No.	[2021]DLCA10047

A. M. DOMAKYAAREH (MRS) J. A. PRESIDING

A. B. POKU-ACHEAMPONG

J. A.

S. K. A. ASIEDU J. A.

STEPHEN KOOMSON FOR APPELLANT.

JULIANA ASANTE (ASSISTANT STATE ATTORNEY) FOR THE REPUBLIC.

[2021]DLCA10047
																																						<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" >KWABENA MENSAH<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 (CIVIL DIVISION), 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="MsoNormalCxSpMiddle" align="center" style="margin-bottom:0cm;margin-bottom:
.0001pt;mso-add-space:auto;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">SUIT
NO.: H2/16/2019&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;DATE:
25TH FEBRUARY, 2021<o:p></o:p>

</div>COUNSEL:<o:p></o:p>STEPHEN
KOOMSON FOR 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">JULIANA
ASANTE (ASSISTANT STATE ATTORNEY) FOR THE REPUBLIC.<o:p></o:p>

</div>CORAM:<o:p></o:p>A. M. DOMAKYAAREH
(MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG, J. A., S. 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="MsoNormalCxSpMiddle" align="center" style="margin-bottom:0cm;margin-bottom:
.0001pt;mso-add-space:auto;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;POKU-ACHEAMPONG,
J.A.:<o:p></o:p>This
appeal emanates from the Wenchi High Court in respect of a robbery case in
which the Learned Trial Judge in a judgment dated 28/7/11 sentenced the Accused
to a term of 20 years I.H.L.<o:p></o:p>The
statement of offence in the case is as follows:<o:p></o:p>ROBBERY:
Contrary to Section 149 of the Criminal Offences Act 1960, (Act 29).<o:p></o:p>Particulars of Offence:<o:p></o:p>Kwabena
Mensah, Trader: That you, on or about the 1st day of October, 2009
at about 1:30 a.m. at Techiman in the Brong Ahafo Region did rob Takyi Samuel a
trader in Second hand footwear, at knife point of an amount of GH225.00 and a
Sony Ericsson Mobile Phone valued at GH¢30.00.<o:p></o:p>&nbsp;Facts:<o:p></o:p>The
facts of the case as presented by the Prosecution were as follows:<o:p></o:p>In
the early hours of 1st October 2009 around 1.30 a.m. the Complainant
was on his way to the Kumasi Lorry Station in Techiman when he was accosted by
the Accused at a point.&nbsp; The Accused was
dressed in military uniform and boots.&nbsp;
He introduced himself to the Complainant as a soldier and ordered him to
stop.&nbsp; He then held the waist of the Complainant’s
trousers and pulled him. The Complainant responded by shouting. The shouts were
heard by the 2nd Prosecution witness behind whose window the
confrontation took place.&nbsp; The PW2 opened
his window to find out what the issue was. The Accused introduced himself to
PW2 as a soldier who had been instructed by one Nana Bosomfuor, a chief at
Techiman to patrol the area and arrest suspected thieves.&nbsp; He said he suspected the Complainant to be a
thief.<o:p></o:p>The
PW2 according to the Prosecution then advised the Accused to take the suspect
to the Police Station for the Police to handle the matter and then shut his
window and went back to sleep.<o:p></o:p>The Accused
and Complainant moved on a few meters from this point into a dark area. The Accused
then pulled out a kitchen knife and ordered the Complainant to surrender all
the items and money he had on him.&nbsp; The Accused
robbed the Complainant of ¢225.00 and a Sony Ericson Mobile Phone and bolted
away. The Complainant went to report the incident at the Police Station.<o:p></o:p>He
was asked to come back later in the day to give a statement. When he returned
to the Police Station he saw the Accused behind the counter and identified him
as the one who had robbed him at dawn.<o:p></o:p>&nbsp;The
Police carried out the necessary investigations and the Accused was arraigned
before the High Court charged with robbery. He was tried and convicted and
sentenced to 20 years I.H.L.<o:p></o:p>Defence:<o:p></o:p>The
case of the Defence was that the Accused was a second hand clothes dealer who
lived at Techiman, Abanim. The Accused saw the Complainant for the first time
at the Techiman Police Station on 1st October, 2009. Accused said he
knew PW2 as a loading boy (“bookman”) at the Techiman GPRTU station.&nbsp; The Accused’s story was that in the evening
of 30th September 2009 he had a quarrel with one Frank Amankwah who
had accused him of having an affair with his wife. He therefore went to spend
the night with one Isaac. He was arrested the next morning on the basis of a
complaint made against him by the said Frank Amankwah. He was behind the
counter at the Police Station when the Complainant came to the Police Station
and identified him as the one who robbed him of his money and phone at dawn on
1st October, 2009.<o:p></o:p>