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SOLOMON DUODO @ALHAJI V. THE REPUBLIC

(2016) JELR 69507 (CA)

Court of Appeal  •  CRIMINAL APPEAL N0: H2 /14/2016  •  17 Mar 2016  •  Ghana

Coram
MARFUL SAU J.A. (PRESIDING), A. M. DORDZIE JA, L. L. MENSAH JA

Appearances
MR. MATHIAS KWASI YAKAH FOR THE APPELLANT,MR. MATTHEW AMPONSAH (CHIEF STATE ATTORNEY) FOR THE REPUBLIC /RESPONDENT

Judgement

AGNES M. DORDZIE JA:-

FACTS:

The appellant herein with two other persons were charged with:

1. Conspiracy to rob contrary to Sections 23 and 149 of the Criminal Offences Act 1960, (Act 29)

2. Robbery, contrary to Section 149 of the Criminal Offences Act, 1960 (Act29)

They were tried by the High Court (Fast Track Division); convicted on all the charges and were sentenced to 65 years imprisonment (IHL) each on each count; the sentence was to run concurrently in each case.

The appellant was dissatisfied with the conviction and sentence and therefore appealed to this court.

Grounds of Appeal:

Pursuant to leave granted the appellant to file a notice of appeal out of time, the following grounds of appeal were filed on his behalf on the 24th of December 2014:

1. The trial judge erred in convicting the appellant on the charge of conspiracy when the evidence on record did not support the charge of conspiracy.

2. The trial judge erred when he failed to determine whether, with regard to the evidence of th…

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