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KWAKU ATTIA ALIAS KILLER
V.
THE REPUBLIC

(2011) JELR 65787 (CA)

Court of Appeal 1 Jun 2011 Ghana
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- The Court of Appeal held that offences arising from incidents on 5th and 6th May 2009 were separate and distinct, involving different victims, facts, and locations; thus, prosecution in separate trials did not violate the double jeopardy

Case Details

Suit Number:CRIMINAL APPEAL NO. H2/13/2011
Judges:MARIAMA OWUSU (MISS) J.A. (PRESIDING,F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.
Counsel:ANTHONY NAAMOH ESQ FOR THE APPELLANT,ATTORNEY GENERAL FOR THE RESPONDENT

JUDGEMENT

IRENE C DANQUAH JA

The facts of the case are that the Appellant, Kweku Attia alias Killer was arrested and charged with the offence of Robbery and Causing Harm before the High Court, Mampong-Ashanti. The facts of the case presented to the High Court were that on 6th May 2009 the accused person and others at large, armed with rifles went to the house of one Samuel Frimpong at H/No.32 Blk K Fawoade, at about 1.00am. Mr. Frimpong in a bid to scare off the accused person and his colleague robbers fired a warning shot.

The robbers returned fire and captured two of his children whose rooms were located at the entrance of the house. The robbers fired through the bedroom door and succeeded in firing it open. Sensing danger, Mr. Samuel Frimpong retreated from the bedroom to the toilet and closed the door. The robbers threatened to kill the children if he failed to emerge voluntarily from the toilet which compelled him to come out. The robbers told him to lie on his bed and threatened to…

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