The Republic Vrs Dedzo [2022] GHACC 106 (30 November 2022)

IN THE CIRCUIT COURT OF JUSTICE HELD AT DENU ON WEDNESDAY THE 30TH NOVEMBER, 2022 BEFORE HIS HONOUR JOSEPH OFOSU BEHOME ESQUIRE -CIRCUIT COURT JUDGE COURT CASE NO. VR/CT/DE/CC.68/2023 THE REPUBLIC VRS: WORLAKO DEDZO ACCUSED PERSON ………. … PRESENT. C/INSPECTOR HAMMID MOHAMMED FOR PROSECUTION… PRESENT. The Accused person herein was arraigned before the Court, charged with the following J U D G M E N T offences: i. Attempt to Commit Crime, to wit Robbery: Contrary to Sections 18(1) and 149 of the Criminal and Other Offences Act, 1960 (Act 29). ii. Causing Harm: Contrary to Section 69 of the Criminal and Other Offences Act, 1960 (Act 29). He pleaded not guilty when the offences were read out to him in Ewe Language. BRIEF FACTS OF THE CASE The Complainant Ade Yao aged 20 years is a motor rider and residing at Dzodze-Global Down whilst the accused Worlako Dedzo aged 20 years is a barber and resident of Tadzewu. On 5th September, 2022 at about 1530hrs the complainant was in charge his Haojue motorbike with registration number M-21-VR 3533 valued GH¢9,300.00 at Dzodze Township looking for passenger. Accused approached the complainant and asked him to pick him to Dekpor. The complainant charged accused GH¢15.00 and he agreed. As a result, complainant picked accused and on reaching the said community; Accused asked the complainant to slow down so that he could receive a phone call. When the complainant did so, accused suddenly poured powder pepper in his face. Both of them fell on the ground. Accused took advantage, pick up the motorbike and wanted to run away with it. It became a struggle between them and in the process accused pushed the complainant and he fell and hit his face on the floor. Complainant lost one of his teeth, accused also used a knife to cut his upper lip and he sustained a cut around his eye brow, at the scene, the complainant was screaming for help and the nearby residents came to his rescue. Accused seeing the people took to his heels and was given a hot chase. One of the residents picked the complainant on his motorbike and he lodged an official complaint to the police. He was issued with medical report form to attend hospital for treatment. Same day, accused was arrested by residents and handed over to the police for investigation. On 6th September, 2022, the complainant submitted his medical report form duly endorsed by Dr., William Gyawu Dwamena of the St. Anthony’s Hospital, Dzodze. He gave his findings as laceration of about I cm on the upper lip, 2 cm on the left eye brow and 1 cm on the left chin bleeding. Meanwhile photograph on the complainant was taken to serve as evidence. In accused investigation cautioned statement, he admitted the offence and said he intentionally poured the powdered pepper into the face of the complainant so that he could take the motorbike from him. After normal investigation, accused was charged with the respective offences and arraigned before this Honourable Court. CASE OF THE PROSECUTION In presenting its case, prosecution called two witnesses including the investigator. PW1, Ade Yao, confirmed the facts as presented by the prosecution. PW2, No. 56838, G/Constable Stepheno Blessed Drah avers he is the one who investigated the case. He relied on his witness statement and the attached Exhibits. THE CASE OF THE DEFENCE In opening his defence, accused person herein, Worlako Dedzo stated that one fateful day he engaged the complainant who is a commercial motor rider to take him to a place and at a point in a section of a road he the accused person wanted to take the motor from the complainant by force and by so doing and in the process they all fell down from the motor and the complainant got injured., Accused contends whilst PW1 was on the ground screaming he the accused person saw a multitude of people coming and then he ran away whilst the complainant got injured. According to the accused person, he hid himself in the bush but got arrested eventually and he was taken to the chief’s palace whilst police came and whisked him away. From the accused person, the youth attacked the police vehicle whilst attempting to take him away to the police station and accused says he was severely assaulted by the police at the station. The following issues emerged for determination at the end of the trial. 1. Whether or not accused herein WORLAKO DEDZO attempted to rob PW1. 2. Whether or not accused person unlawful caused harm to PW1. Section 18(1) of Act 29, provides as follows: A person who attempts to commit a crime by any means shall not be acquitted on the ground that, by reason of the imperfection or other condition of the means, or by reason of circumstances affecting the person against whom, or the thing in respect of which the crime is intended to be committed, or by reasons of the absence of that person or thing, the crime could not be committed according to his intent. In other words, a person shall be guilty of an attempt to commit a crime if, in furtherance of his intent, he took such steps as should have enabled him to succeed in his criminal objective had it not been for the following factors: a) The imperfection or other condition of the means; b) The circumstances under which they were used’ c) Any circumstances affecting the person against whom, or the thing in respect of which, the crime is intended to be committed; or d) The absence of that person or thing. Section 150 of Act 29 defines Robbery as follows: “ A person who steals a thing, commits robbery: a) If in, and for the purpose of stealing the thing, that person uses force or causes harm to any person, or b) If that person uses threat or criminal assault or harm to any other person, with intent to prevent or overcome the resistance of the other person to the stealing of the thing” In Frimpong @ Iboman vrs. The Republic (2012) 1 SCGLR 297, the Supreme Court laid out the following five (5) elements to establish by the prosecution in a charge of robbery in order to secure a conviction: 1. That the appellant stole something from the victim of the robbery which he is not the owner. 2. That in stealing the things the appellant used force, harm or threat of any criminal assault on the victims. 3. That the intention of doing so was to prevent or overcome the resistance. 4. That this fear of violence must either be of personal violence to the person robbed or to any member of his household or family in a restrictive sense. 5. That the thing stolen must be in the presence of the person threatened. Section 69 of Act 29 provides: “A person who intentionally and unlawfully causes harm to any other person commits a second-degree felony” The elements of causing harm are that the accused person has caused harm, it was caused to a person, and the harm was unlawful. Section 76 defines unlawful harm as: “Harm is unlawful which is intentionally or negligently caused without any of the justifications. The accused person has denied causing harm to PW1 on that eventful day. Exhibit “C” is the medical report endorsed by Dr. William Gyau Dwamena from St. Anthony Hospital dated 05/09/2022 and which reads as follows: “The above-named patient reported to the facility with history of assault hence complaints of Headache, eye pain, knife cut on the lip and dizziness. ….. “A young man looking traumatized but fully conscious and alert, chest, pelure or cervical tendon on compression Laceration of about 1 cm on the upper lip, 2 cm on the left eye brow and 1 cm on the left chin bleedings”. Treated and discharged. In the caution statements of accused person given to the police on 06/09/2022, this is what he said: “I do not know the complainant. I took him at the junction opposite the police station. I asked him to take me to Dekpor and he charge me GH¢20.00 but we both agreed and I pay GH¢15.00. The powdered pepper was in my possession before I came to board the bike. I had the intention of snatching the motor that’s why it was on me. I attempted running, that was why I entered into the bush but a group of people came to arrest me. I was taken to the chief’s house before I was handed over to the Police, Dzodze. The caution statement (Exhibit “C) was taken in compliance with section 120 of NRCD 323. Exhibit “C” was tendered in evidence without any objection by the Accused person. Akamba JSC in Ekow Russel vrs. The Republic [2016] 102 GMJ 124 SC. Stated: - “……A confession is an acknowledgement in express words, by the accused in a criminal charge of the truth of the main fact charged or some essential part of it. By its nature, such statement if voluntarily given by an accused person himself offers the most reliable piece of evidence upon which to convict the accused. It is for this reason that safeguards have been put in place to ensure that what is given as a confession is voluntary and of the accused person’s own free will without fear, intimidation, coercion, promises or favours…..” Upon a careful evaluation of the entirety of the evidence adduced at the trial, I am fully satisfied of the guilt of the accused person with respect to all the charges levelled against him, and he is accordingly convicted. WORLAKO DEDZO, is hereby sentenced to serve five (5) years imprisonment for charge of Causing Harm and seven (7) years for attempted robbery. The sentenced are to run concurrently. (SGD) CIRCUIT COURT JUDGE H/H JOSEPH OFOSU BEHOME 6