CHARLES ANSAH
V.
THE REPUBLIC

(2016) JELR 69777 (CA)    
Court of Appeal  ·  CRIMINAL APPEAL NO: H2/19/2016 ·  26 Oct 2016 ·  Ghana
CORAM
ADJEI J.A. (PRESIDING), SOWAH J.A., MENSAH J.A.
Core Terms Beta
appellant
robbery
accused persons
complainant
learned trial judge
republic
section
retrospective effect
persons
mitigation of sentence
above exchange
above grounds of appeal mean
above roles
additional grounds of appeal
brief facts of the case runs
business purposes
citizens of that particular crime
clear breach of section
convict prisoner
date of arrest
degree of strong disapproval
disapproval of this retrospective sentence of remand prisoners
first prosecution witness
following conclusion
forms of crime
gang members
good character
good samaritan
grounds of appeal
high court
honourable court
information of the robbery
intrinsic seriousness of the offence
length of the sentence
mitigating factor
offensive weapons
outskirt of adawso
outskirt of the village of nsu abenasu
reduction of sentence
sentences
strong signal
supreme court
trial court
trial judge
whole plan
years imprisonment

JUDGMENT

L. L. MENSAH, J.A.

The Appellant was one of three accused persons who were tried and convicted by the High Court, Koforidua on 7th February 2014 for conspiracy to rob and robbery contrary to section 23(1) and 149 of Act 29 as amended by section 646 and section 149 of Act 29 as amended by Act 646.

Each of the Accused persons was sentenced to a term of 33 years on both counts which were to run concurrently. The learned trial judge also made an order that the sentences were to take effect from the day the accused persons were arrested and placed in lawful custody.

The brief facts of the case runs as follows: The complainant who featured as the first prosecution witness at the trial was a businessman living in New Tafo Akim. On 30th April 2012 at about 7.00 am the complainant took his Hyundai truck with his driver one George Ansah. The 1st Accused Stephen Asante was the driver’s mate. The complainant took with him the sum of GH₵28,500.00 en route to Accra for business purposes.

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