The Republic Vrs Akalek [2023] GHACC 309 (27 January 2023)

The Republic Vrs Akalek [2023] GHACC 309 (27 January 2023)

The court found that A1 and A2 conspired and acted together to commit robbery, used force and threat of criminal assault, and that A1 possessed ammunition without authority. The conviction was based on voluntary confession statements corroborated by witness testimony and other evidence. The prosecution proved its case beyond reasonable doubt.

Citation
[2023] GHACC 309
Parties
Prosecution: The Republic; Accused (a1): Akalek @ Mandela; Accused (a2): Batame David; Accused (a3): Kolog Isaac; Accused (a4): Essien (at large); Accused (a5): Akwasi (at large); Accused (a6): Gucci (at large)
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
27 January 2023
Procedural Posture
Criminal / Judgment
Outcome
Conviction and sentencing of A1 and A2; A3 previously convicted on plea; A4, A5, and A6 at large.
Legal Topics
Conspiracy, Robbery, Possession of Ammunition Without Authority, Evidence—confession, Identification, Sentencing
Source Language
English
Criminal Law Conspiracy Robbery Possession of Ammunition Without Authority Evidence—confession Identification Sentencing

Case Brief

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Parties

The Republic

Prosecution

Akalek @ Mandela

Accused (a1)

Batame David

Accused (a2)

Kolog Isaac

Accused (a3)

Essien (at large)

Accused (a4)

Akwasi (at large)

Accused (a5)

Gucci (at large)

Accused (a6)

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether A1 and A2 agreed and acted together with a common purpose to commit robbery
  2. 2 Whether A1 and A2 stole fifty pounds of gold valued GH₵110,000.00 and cash of GH₵10,000.00 belonging to PW1
  3. 3 Whether A1 and A2 used force, harm or threat of criminal assault in the course of the robbery

Ratio Decidendi

The court found that A1 and A2 conspired and acted together to commit robbery, used force and threat of criminal assault, and that A1 possessed ammunition without authority. The conviction was based on voluntary confession statements corroborated by witness testimony and other evidence. The prosecution proved its case beyond reasonable doubt.

Court Disposition

Conviction and sentencing of A1 and A2; A3 previously convicted on plea; A4, A5, and A6 at large.

Orders

  • A1 sentenced to thirty years imprisonment in hard labour on counts 1 and 2, to run concurrently.
  • A1 sentenced to two years imprisonment on count 3.