ANIN J.A.: On 19 February 1971, the appeal of each appellant was allowed and we now give our reasons.
The appellants were convicted by Kingsley-Nyinah J. sitting with a jury at the Criminal Session of the High Court, Ho on 16 January 1968, of two counts each of the offence of robbery, contrary to section 149 of the Criminal Code, 1960 (Act 29), as amended by the Criminal Code (Amendment) (No. 3) Act, 1963 (Act 157), section 3. The first and second appellants were each sentenced to fifteen years’ imprisonment with hard labour on each count, the sentences to run concurrently; and the third appellant was sentenced to eighteen years’ imprisonment with hard labour on each count, the sentences to run concurrently.
The gist of the prosecution case was that on the day in question the appellants waylaid one Gabriel Kwaovi Torsavi, a bread seller, as he plied along the Ziome-Akpokploe road on his bicycle; threatened him with violence; stole from his person his Ghana and French money totalling £G…