ABDULAI FUSENI
V.
THE REPUBLIC

(2015) JELR 63692 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO: H2/2/2015 ·  28 May 2015 ·  Ghana
CORAM
MARFUL-SAU JA (PRESIDING), ACQUAYE JA, TORKORNOO JA
Core Terms Beta
accused persons
convicts
robbery
court
record of appeal
others
persons
sentence
trial court
counsel
years ihl
appeal
republic
supreme court
teye ameko
trial judge
years sentence
appellant main complaint
cape coast
circumstances of this case
citizens of the society
crime scene
entire country
facts of the case
fast track high court
good character
intrinsic seriousness of the offence
length of sentence
majority decision of the court rose owusu
major role
minimum sentence
minor role
mobile phone
notice of appeal
offences act
particular crime
passing sentence
permanent disability
person
plea of mitigation
proportionate sentences
rooms of the victim
said convicts
sentence of the accused persons
sudden increase
trial
undisputed evidence

JUDGMENT

MARFUL-SAU, JA: - The appellant in this appeal was charged together with four others on two counts of conspiracy to commit robbery and robbery contrary to sections 23(1) and 149 of the Criminal and Other Offences Act, 1960, Act 29 as amended by Act 646 of 2003. The appellant and the other convicts were tried by the Fast Track High Court, Accra and were all convicted and sentenced to 20 years IHL in a judgment delivered on the 20th July 2010. The appellant was the 3rd accused person at the trial and he has appealed against the sentence of 20 years imposed by the trial court.

The facts of the case upon which the appellant and the others were prosecuted was that the five convicts on or about 5th October, 2003 at about 1.00am attacked one Teye Ameko, a livestock farmer who owned herds of cattle and other animals in his village at Old Water Works near Akuse on the Kpong- Tema Motorway road. The said convicts who were armed with guns and cutlasses inflicted cutlass wound on Teye Amek…

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