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BENJAMIN DANKWAH& ANOTHER
V.
THE REPUBLIC

(2019) JELR 65366 (CA)

Court of Appeal 30 Apr 2019 Ghana
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- The conviction and sentence were quashed as a nullity due to the trial court’s failure to record the appellant’s explanation following a plea of "guilty with explanation," contrary to mandatory statutory requirements under Section 171 of

Case Details

Suit Number:CRIMINAL APPEAL SUIT NO: H2/11/19
Judges:M. OWUSU JA (PRESIDING), DZAMEFE JA, M. WELBOURNE JA
Counsel:ISAAC BARNABAS KOKU DZASA BEING LED BY MR. CHARLES AGBANU FOR THE APPELLANT; CECILIA ANIMAH PEPRAH TAKYI WITH HER AKOSUA ASANTEWAA SARPONG ,OSEI-AFRIYIE FOR THE REPUBLIC/RESPONDENT

DZAMEFE, JA

The appellant, Benjamin Dankwah together with Akwasi Prempeh were jointly charged for conspiracy contrary to Section 23(1) and Section 149 of Act 29, 1960 and Robbery contrary to Section 149 of Act 29 of 1960 as amended by Act 646 of 2003.

Plea: The two accused persons pleaded guilty with explanation to both counts.

Facts

There are no facts recorded in the record of appeal.

COUNT ONE

STATEMENT OF OFFENCE

CONSPIRACY TO COMMIT AN OFFENCE TO WIT ROBBERY: Contrary to Section 23 (1) and Section 149 of Act 29 of 1960

PARTICULARS OF OFFENCE

BENJAMIN DANKWAH, Driver, AKWASI PREMPEH, Driver’s Mate: on or about the 23rd of February, 2007 at Abrepo in Kumasi, in the Ashanti Region did agree with a common purpose to rob a Taxi Cab.

COUNT TWO

STATEMENT OF OFFENCE

ROBBERY: Contrary to Section 149 of Act 29 of 1960 as amended by Act 646 of 2003.

PARTICULARS OF OFFENCE

BENJAMIN DANKWAH, Driver, AKWASI PREMPEH, Driver’s Mate: on or about the 23rd of February, 2007 at Brofoyedru in Kumasi, in the Ashanti…

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