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NOTETIO
V.
THE REPUBLIC

(2023) JELR 111579 (CA)

Court of Appeal 7 Dec 2023 Ghana
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- The appellant was charged with conspiracy to commit robbery and robbery. - The appellant pleaded guilty with explanation, but his explanation was rejected by the trial court. - The trial court convicted the appellant and sentenced him to

Case Details

Suit Number:SUIT NO H2/3/2023
Judges:ANTHONY OPPONG, JA (PRESIDING) CYRA PAMELA KORANTENG, JA GIFTY AGYEI ADDO, JA
Counsel:EMMANUEL OTOO-BOISON FOR THE APPELLANT; NANA AGYEMAN SARFO-KANTANKA (A.S.A.) FOR THE RESPONDENT.
Location:Accra

JUDGMENT

GIFTY AGYEI ADDO, JA:

INTRODUCTION

My Lords, the principal issues that we are confronted with in this appeal are whether or not the offence for which the Appellant herein was charged and arraigned before the trial court is supported by the facts as presented by the prosecution and also, whether the trial court was right in rejecting the explanation added to the Appellant’s plea of guilty with explanation and entering a guilty plea for the Appellant. These issues, were answered in the affirmative by the first Appellate Court. Dissatisfied with the position taken, the Appellant has further supplicated before us.

BACKGROUND AND FACTS

The Appellant, together with four others, were arraigned before the Circuit Court, Tarkwa, on charges of conspiracy to commit robbery contrary to Section 23 and 149 of the Criminal Offences Act, 1960 (Act 29) and robbery contrary to Section 149 of Act 29

CONVICTION AND SENTENCE BY THE TRIAL COURT

At the trial, the Appellant pleaded guilty with explanatio…

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