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FOSTER BOAKYE AND OTHERS V. THE REPUBLIC

(2012) JELR 63738 (CA)

Court of Appeal  •  H2/14/2011  •  24 Feb 2012  •  Ghana

Coram
JUSTICE MARIAMA OWUSU JA [PRESIDING], JUSTICE FRANCIS G KORBIEH JA, JUSTICE IRENE C DANQUAH JA

Judgement

IRENE C DANQUAH JA

This is an appeal against the judgment of the High Court, Kumasi delivered on 19th October 2009. The Appellants were charged together with two other accomplices. In the course of the trial which took about a year, two of the accused namely Owusu Banahene (A3) and Godfred Afful aka Aluta (A4) had the charges withdrawn against them but Foster Boakye (A1), Joshua Oti Achemfour (A2) and Augustine Kwabena Nyantakyi (A5) were however, convicted and sentenced to fifteen years imprisonment with had labour.

Foster Boakye and Joshua Oti Achemfour who are the Appellants herein were charged with conspiracy to commit robbery and attempt to rob and Augustine Kwabena Nyantakyi charged with abetment of robbery.

A summary of the facts as presented by the prosecution are as follows:

The complainant who is a businessman resides at “Patase”. The 1st and 5th accused are nephews of the complainant and live at “Pankrono”. The 2nd accused is a son of the friend of the complainant. The 3rd and …

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