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ABDULAI FUSEINI V. THE REPUBLIC

(2018) JELR 65063 (SC)

Supreme Court  •  CRIMINAL APPEAL NO: J3/02/2018  •  6 Jun 2018  •  Ghana

Coram
ANSAH JSC (PRESIDING), ADINYIRA (MRS) JSC, DOTSE JSC, YEBOAH JSC, BAFFOE-BONNIE JSC

Judgement

JUDGEMENT

DOTSE JSC

This appeal is at the instance of the 3rd Accused/Appellant/Appellant, (hereafter referred to as Appellant) against the judgment of the Court of Appeal dated 28th May 2015. By their judgment, the Court of Appeal coram: Marful-Sau, Acquaye and Gertrude Torkornoo (Mrs) JJA of even date, considered an appeal lodged by the Appellant herein against his conviction and sentence of 20 years by the High Court, Accra on the 20th July, 2010 in respect of two counts of conspiracy to commit robbery and robbery contrary to section 23 (1) and 149 of the Criminal and other Offences Act, 1960 Act 29 as amended by Act 646 of 2003.

FACTS

On or about 5th October 2003 at about 1:00am at Old Water Works near Akuse on the Kpong- Tema Motorway, the appellant and four other persons armed with guns and cutlasses robbed one Teye Ameko. They made away with a shot gun valued at 1.5 million cedis (old cedis), one packet BB Cartridge valued at eight hundred thousand old cedis (800,000) and cash the …

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