Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



FRANCIS BOAFO @ CUDJOE
V.
THE REPUBLIC

(2017) JELR 63751 (CA)    
Court of Appeal  ·  SUIT NO: H3/9/2013 ·  4 May 2017 ·  Ghana
CORAM
MARIAMA OWUSU J.A (PRESIDING), AVRIL LOVELACE-JOHNSON J.A, CECILIA SOWAH J.A

Ratio Decidendi

Core Terms Beta
appellant
robbery
evidence
others
criminal offences act
reasonable doubt
accused persons
charge of conspiracy
accused person
commission of the offence
offence of conspiracy
trial court
considered opinion
evidence act
evidence of any conspiracy
learned trial judge
appellant’s own confession statement
awuley lartey
case of the prosecution
commission of an armed robbery
common purpose
condition of use of an offensive weapon
confession statements
criminal cases
facts of the case state
first place
following grounds
following monday
grounds of appeal
j.a
none of the accused persons
offences of conspiracy
offences of robbery
offensive weapon
portion of his cross examination
present appeal
said statement
standard of proof
statement of the said awuley lartey
taxi driver
wit robbery
years imprisonment

JUDGMENT

AVRIL LOVELACE-JOHNSON, J.A

The Appellant and seven others were charged with the offences of conspiracy to commit robbery and robbery and tried. He was convicted of the offence of conspiracy to commit crime to wit robbery contrary to sections 23(1) and 149 of The Criminal Offences Act 1960, Act 29, on 17th January 2007 and sentenced to fifty years imprisonment with hard labour.

Being aggrieved by both his conviction and sentence, he has launched the present appeal on the following grounds

1. That the conviction of the 6th Convict/Appellant on the charge of conspiracy ought to be set aside on the ground that same is not supported by the evidence adduced at the trial

2. That the learned trial judge erred in convicting the 6th Convict/Appellant when there was no evidence of any conspiracy between either the 1st Convict or the 3rd Convict or any of the other convicts herein subsequent to the commission of the offence

3. That the sentence of 50 years IHL imposed on the 6th Convict/Appel…

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