ABU AND OTHERS V. THE REPUBLIC

TAYLOR J.

The appellants herein were charged on two counts with the offences of conspiracy to steal and stealing, respectively. The first and second appellants were found guilty of both offences and sentenced to three years' imprisonment with hard labour each on the conspiracy count and eighteen months' imprisonment with hard labour on the stealing count, the sentences were to run concurrently. The third and fourth appellants were found not guilty on the stealing count and they were accordingly acquitted and discharged on that count. They were, however, found guilty of the conspiracy charge and were sentenced to three years' imprisonment with hard labour each.

All the appellants appeal against their convictions and sentences. The facts of the case led by the prosecution are devoid of any complexity. They are that on 21 May 1978, a security officer of the Crop Research Institute, Nyankpala, overhead some persons at a drinking bar discussing a theft which was to be committed that night ap…