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NANA KWAME POKU @ BRUTAL
V.
THE REPUBLIC

(2017) JELR 67090 (CA)

Court of Appeal 12 Apr 2017 Ghana
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- The appellant and two others were charged with conspiracy to commit robbery and robbery. - The appellant was the lead architect of the gang's operation to rob Opel Astra cars for sale. - The gang's modus operandi involved the appellant st

Case Details

Suit Number:CRIMINAL APPEAL NO. H2/08/2016
Judges:E. K. AYEBI (PRESIDING) JA, GERTRUDE TORKORNOO (MRS.), JA, ANGELINA M. DOMAKYAAREH (MRS.) JA
Counsel:DIANA ESSIEN FOR APPELLANT,ATTORNEY FOR REPUBLIC

AYEBI, JA

1. On 30th November 2006, the appellant and one other were arraigned before the High Court, Kumasi on one count of conspiracy to commit crime, to wit robbery contrary to section 23(1) and section 149 of Act 29/60 and five counts of robbery contrary to section 149 of Act 29/60 as amended by Act 646 of 2003. In an amended charge sheet, Agya Osei @ Osei Wayo was added as the third accused, charged with the offence of dishonestly receiving property obtained by crime to, wit robbery, contrary to section 146 of Act 29/60.

2. The appellant herein and the other accused persons pleaded not guilty to the charges in the various counts against them. The facts of the case are that, the appellant and his accomplices two of whom were at large, formed a gang with the sole aim of robbing only Opel Astra Cars for sale. The idea was hatched by A3, Agya Osei, which appellant readily accepted. So apart from selling the idea to the appellant, A3 recruited a driver for the appellant and advised him …

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