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ASAMOAH GYAN V. THE REPUBLIC

(2018) JELR 65861 (CA)

Court of Appeal  •  SUIT NO. H2/02/2016  •  26 Jun 2018  •  Ghana

Coram
ADUAMA OSEI J.A. (PRESIDING), DZAMEFE J. A., WELBOURNE (MRS) J. A.

Appearances
OBENG-MANU FOR APPELLANT; CECILIA ANIMA PEPRAH TAKYI, STATE ATTORNEY FOR THE REPUBLIC.

Judgement

WELBOURNE, JA

The brief facts of this case are that on the 16th day of August, 2006 at about 12.15 pm the complainant and her sister whilst returning from a hotel at Kenyasi, were accosted by the Appellant. The Appellant pulled out a cutlass and asked to surrender all they had on them. They hesitated but the Appellant threatened to chop off their heads. The complainant’s sister managed to escape.

Subsequently the complainant removed Gh¢25,000.00 and gave same to the Appellant. Whilst removing the money her mobile phone fell from her pocket and the Appellant ordered her to give it to him. When she attempted to pick it for him, the Appellant hit the complainant with the cutlass at her back and she gave the phone to him.

After collecting the phone, he fled the scene. Three days after the incident, the Appellant was arrested and the case reported to the police.

The Appellant was tried, convicted and sentenced by the trial High Court, Kumasi on the 25th of October 2007 to a term of 27 years wi…

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