– The case was an appeal from a conviction for robbery with violence, which was an offence under section 149 of the Criminal Code, 1960 (Act 29)¹.
– The appellant, Abiam, was accused of robbing a woman of her money and jewellery at gunpoint, along with two other accomplices. He was identified by the victim and a witness at the scene of the crime and at an identification parade. He denied the charge and claimed that he was elsewhere at the time of the robbery¹².
– The trial judge, per Amissah J., found him guilty and sentenced him to death. The judge relied on the evidence of identification and rejected the alibi defence of the appellant. The judge also held that the appellant had used violence by pointing a gun at the victim and threatening to shoot her¹².
– The appellant appealed to the High Court, arguing that the identification evidence was unreliable and that there was no proof of violence. He also challenged the admissibility of a statement he made to the police, which he claimed was obtained by coercion¹².
– The High Court, per Osei-Hwere J., dismissed the appeal and affirmed the conviction and sentence. The court held that the identification evidence was credible and corroborated by other circumstances. The court also held that pointing a gun at a person and threatening to shoot constituted violence within the meaning of section 149. The court further held that the statement of the appellant was voluntary and admissible¹².
– The relevance of the case is that it shows how the legal system in Ghana deals with the issue of robbery with violence, which is a serious offence that carries the death penalty. It also illustrates how the courts evaluate and weigh identification evidence and alibi defence in criminal cases³.
(1) Ampah AND Another v – Case brief – AMPAH AND ANOTHER v. THE REPUBLIC …. https://www.studocu.com/en-us/document/trine-university/institutional-corrections-and-law/ampah-and-another-v-case-brief/32633174.
(2) Donkor v. THE Republic – DONKOR v. THE REPUBLIC [1976] 1 GLR 481 …. https://www.studocu.com/row/document/ghana-institute-of-management-and-public-administration/law/donkor-v-the-republic/36983608.
(3) ABIAM V. THE REPUBLIC | HIGH COURT | GHANA | 29 JAN 1976 | (1976) JELR …. https://lite.judy.legal/amp/case/abiam-v-republic-0ae7a.
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