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ABDUL RAMAN WATARA BENJAMIN V. THE REPUBLIC

(2020) JELR 114373 (CA)

Court of Appeal  •  H2/17/2019  •  9 Jul 2020  •  Ghana

Coram
HONYENUGA JSC. (PRESIDING), MERLEY WOOD (MRS.) J.A., OBENG-MANU J.A.

Appearances
COLONEL MAHAMA IDDRISU (RTD) FOR THE APPELLANT NO LEGAL REPRESENTATION FOR THE REPUBLIC RESPONDENT

Judgement

JUDGMENT

MERLEY WOOD, JA: This is an appeal against the judgment of the High Court, Accra dated 31st July 2018 confirming the judgment of the Circuit Court, Tema convicting the Appellant on the offence of conspiracy to commit crime to wit robbery contrary to sections 23(1) and 149 of the Criminal Offences Act, 1960 (Act 29) and sentenced to  30 years imprisonment.

The Appellant who was the 3rd Accused in the trial court was charged jointly with seven other persons two of whom were at large. Whereas he was charged with only the offence of conspiracy to commit crime to wit robbery, the other accused persons were also charged with the offence of robbery contrary to section 149 of the same enactment. 

The facts culminating in this appeal are as follows:

The complainant was the owner and manager of the Goil and Agapet Gas Filling Stations located at Valco Flats and Zenu respectively. The Appellant was the Assistant Manager and Accountant respectively of the Complainant’s two Filling Stations. …

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