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ISRAEL ANANE GADRI AND PAUL FIADJOE
V.
THE REPUBLIC

(2016) JELR 67852 (CA)

Court of Appeal 21 Jul 2016 Ghana
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- Conviction and sentence set aside on appeal; appellants ordered released, as prosecution failed to prove the essential elements of robbery and conspiracy beyond reasonable doubt. - Key holding: It is a miscarriage of justice to convict ba

Case Details

Suit Number:CRIMINAL APPEAL: H2/5/2016
Judges:S. E. KANYOKE J.A. (PRESIDING), K. A. ACQUAYE J.A., M. WELBOURNE (MRS.) J.A.

ACQUAYE, J.A.

The appellants were tried together on two counts of conspiracy to commit crime contrary to Section 23 (1) and 149 and robbery contrary to Section 149 of the Criminal Offences Act 29/60 by a High Court in Accra.

The facts of the case as presented by the prosecution were that the appellants hired the services of the complainant Mustapha Seidu who was driving a taxi cab No. GS 6522-10 on 6th February 2011 at about 2.00pm. At the outskirts of Ashalajo, a suburb of Accra, the 1st appellant drew out a pistol from his pocket and ordered the complainant to surrender his ignition key which he did. The appellants then directed the complainant out of the car and drove it away. The complainant reported the case to the Amasaman Police. A week later, on 13th February 2011, the Amasaman Police had information that two robbers had been shot while attempting to steal another taxi cab at Kasoa and had been admitted at the Police Hospital and Korle-Bu Hospital where they were receiving treat…

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