CHARLES AGYEMAN @ NANA YAW
V.
THE REPUBLIC

(2016) JELR 69778 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO: H2/22/2016 ·  26 Oct 2016 ·  Ghana
CORAM
ADJEI J.A. (PRESIDING), SOWAH J.A., MENSAH J.A.
Core Terms Beta
appellant
sentence
republic
counsel
years imprisonment
appellate court
criminal offences act
hard labour
trial court
learned trial judge
minimum term
mitigation of sentence
present case
years ihl
accused persons
appellants affidavit
appellants petition of appeal
awudu mumuni
behalf of the appellant
brief facts of this case
circuit court
constitutional requirement
counsel’s 4-page submission
criminal code
criminal plan
first count
first-degree felony
following day
following grounds of appeal
frimpong alias iboman
fuseini mumuni gariba
good character
high court
intrinsic seriousness of the offence
mitigating circumstances
offence of robbery
pages
particular crime
paula badalas
second count
such factors
sudden increase
supreme court
supreme court cases
third count
third page of his submissions counsel
typographical error
written submissions

JUDGMENT

SOWAH, J.A.:

The brief facts of this case are as follows: On 18th June 2012, the appellant and three accomplices trailed their four victims in a taxi-cab from Osu to the victims residence at Teshie Malik. When the victims – three Italians and a Ghanaian arrived at the entrance of their home, they were attacked at gunpoint and beaten. Paula Badalas the wife of Donnini Lorenzo one of the Italian, was fatally wounded by gunshot and died in hospital the following day. The robbers made away with a bag containing travelling documents, phones, i-pad and cash. Unfortunately for them, one of the robbers left his phone at the scene and this led to their arrest.

The accused persons were charged at the Circuit Court with Conspiracy to rob and robbery. Fuseini Mumuni Gariba @ Burger and Awudu Mumuni @ Baba Ayittey both pleaded guilty to the charges and were sentenced to 40 years IHL. The appellant herein however pleaded ‘not guilty’ and was tried at the High Court, Accra.

The appellant was ch…

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