JUDGMENT OF THE COURT
This appeal raises two issues namely whether the evidence given at the trial was sufficient to establish the guilt of the appellants beyond all reasonable doubt and secondly, whether the superior court had the power in the exercise of its appellate jurisdiction, to alter the finding of the subordinate court by convicting the appellants of a more serious offence than that found to have been committed by them by the subordinate court, and to alter the nature of the sentences imposed on the appellants namely imprisonment to one of death sentences.
The appellants were charged before the learned Senior Resident Magistrate on three counts of robbery with violence contrary to section 296(2) of the Penal Code, which upon conviction therefor, attracts the mandatory sentence of death. The second appellant in the alternative, was also charged with handling stolen goods.
The backdrop to the charges is briefly that at about 9.30 in the morning of 31st December, 1994, the taxi in…