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KWEKU QUAYE ALIAS TOGBE V. THE REPUBLIC

(2021) JELR 109756 (SC)

Supreme Court  •  J3/08/2020  •  28 Jul 2021  •  Ghana

Coram
APPAU, JSC (PRESIDING) OWUSU (MS.), JSC LOVELACE-JOHNSON (MS.), JSC AMADU, JSC PROF. MENSA-BONSU (MRS.), JSC

Judgement

JUDGMENT 

PROF. MENSA-BONSU (MRS.) JSC:- 

This is an appeal against conviction, and in the alternative, against sentence, for a crime  of robbery committed in February 2002. The High Court, Cape Coast, tried and convicted  the appellant on 27th July, 2005 and sentenced the accused to 45 years imprisonment  with hard labour. An appeal to the Court of Appeal some nine years later affirmed the  conviction by the High Court on 24th May, 2016, but reduced the 45-year sentence  imposed to 40 years.

FACTS 

At about 1 a.m. on 9th February 2002, some intruders invaded the residence in Cape  Coast, of an Anglican Priest, who was also an employee of University of Cape Coast.  Their arrival at the premises was heralded by gunfire and loud noise. They were armed  with guns and cutlasses and numbered about seven or eight. The purpose of their  intrusion was to steal some money that had been given to the priest to purchase a plot  of land for another Anglican Church at Tema. The intruders first went to …

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