KOFI ADOMAKO @ ASCONA V. THE REPUBLIC

JUDGMENT

AYEBI J.A.

1. The appellant and two others were arraigned before the High Court, Kumasi on two counts of conspiracy to commit robbery contrary to sections 23(1) and 149 of Act 29/60 as amended by Act 646 and robbery contrary to section 149 of Act 29/60 as amended by Act 646.

2. At the trial, the first accused and appellant as the second accused were present. They pleaded guilty simpliciter to the counts. The two were convicted on their own plea. They were each sentenced to twenty-one (21) years IHL on each count, both to run concurrently.

3. Aggrieved by the sentence, appellant petitioned this court to review it on the following grounds:

(a) The appellant did not appreciate or understand the charge or procedure and thus pleaded guilty by mistake.

(b) The custodial sentence of twenty-one (21) years with hard labour is harsh and excessive for a first time offender.

(c) The court did not consider the part played by each of the accused persons.

4. The complainant in the case is Kwabena A…