FOSTER BOAKYE AND OTHERS
V.
THE REPUBLIC

(2012) JELR 63738 (CA)    
Court of Appeal  ·  H2/14/2011 ·  24 Feb 2012 ·  Ghana
CORAM
JUSTICE MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA
Core Terms Beta
counsel
trial judge
appellants
prosecution
st
respondent
statement
case
joshua oti achemfour
learned trial judge
augustine kwabena nyantakyi
ex-convict
reasonable doubt
sufficient evidence
younger brother
abetment of robbery
close look
foster boakye
notice of appeal
state vrs otchere
years imprisonment
absence of any evidence
accused persons
aii e r
assistance of the said ex-convict
course of the trial
court statement
cr app r
gun point
irene c danquah ja
issue of conspiracy
judgment of the high court
lord diplock
lord sanckey
main grounds of appeal
respect of the unsworn statement
r v golder
state prosecutor
submissions of counsel
weight of evidence
written document

IRENE C DANQUAH JA

This is an appeal against the judgment of the High Court, Kumasi delivered on 19th October 2009. The Appellants were charged together with two other accomplices. In the course of the trial which took about a year, two of the accused namely Owusu Banahene (A3) and Godfred Afful aka Aluta (A4) had the charges withdrawn against them but Foster Boakye (A1), Joshua Oti Achemfour (A2) and Augustine Kwabena Nyantakyi (A5) were however, convicted and sentenced to fifteen years imprisonment with had labour.

Foster Boakye and Joshua Oti Achemfour who are the Appellants herein were charged with conspiracy to commit robbery and attempt to rob and Augustine Kwabena Nyantakyi charged with abetment of robbery.

A summary of the facts as presented by the prosecution are as follows:

The complainant who is a businessman resides at “Patase”. The 1st and 5th accused are nephews of the complainant and live at “Pankrono”. The 2nd accused is a son of the friend of the complainant. The 3rd and …

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