THE REPUBLIC V KWAKYE & ANOR (AR/AKP/CC/D15/13/2025) [2024] GHADC 538 (7 November 2024)

BEFORE HER HONOUR NANA ADWOA SERWAA DUA-ADONTENG JUDGE SITTING AT AKROPONG CIRCUIT COURT ON THE 07th DAY OF NOVEMBER, 2024. SUITNO:AR/AKP/CC/ D15/13/2025 THEREPUBLIC VERSUS DIVINE KWAKYE@ KWABENA FELIX GYEKYEBRONI @ KWAME ANTWI FINALJUDGEMENT Accused persons(unrepresented)Present D/I AlexAgbekpornufor theRepublic Present Divine Kwakye @ Kwabena a tricycle rider age 22 years, Felix Gyekye Broni @ Kwame Antwi a mason age 22 years. On 29/10/24 about 8:00 pm, at Barekese in the Atwima Nwabiagya North District in Ashanti Region and within the jurisdiction pf this court, you intentionally and unlawfully entered into the house of Koduah Attakorah Dwomo withthe intent tocommit crime namely; stealing. Divine Kwakye @ Kwabena a tricycle rider age 22 years, Felix Gyekye Broni @ Kwame Antwi a mason age 22 years. On 29/10/24 about 8:00 pm, at Barekese in the Atwima Nwabiagya North District in Ashanti Region and within the jurisdiction pf this court, you intentionally and unlawfully caused damage to installed 8 pieces of 14 by 3 electrical cables valued GH 42,000.00, 7 pieces of 14 by 2 electrical cables valued GH 48,000.00, air condition cables valued GH 3,000.00 and 16mm electrical cables valued GH3,300.00 totaling GH 96,300.00the propertyofKoduahAttakorahDwomo. Divine Kwakye @ Kwabena a tricycle rider age 22 years, Felix Gyekye Broni @ Kwame Antwi a mason age 22 years. On 29/10/24 about 8:00 pm, at Barekese in the Atwima Nwabiagya North District in Ashanti Region and within the jurisdiction pf this court, you dishonestly appropriated installed 8 pieces of 14 by 3 electrical cables valued GH 42,000.00, 7 pieces of 14 by 2 electrical cables valued GH 48,000.00, air condition cables valued GH 3,000.00 and 16mm electrical cables valued GH 3,300.00 totaling GH 96,300.00thepropertyofKoduahAttakorahDwomo. PLEA The court explained to the Accused Persons what the pleas of Guilty, Not Guilty and Guilty with Explanation were and the effect of each plea. Accused Persons pleaded Guilty with explanation to the charge on count one and three and Guilty simpliciter on Counttwo. FACTS Complainant Koduah Attakora Dwomo is a trader and resides at Bomso-Kumasi whist A1 Divine Kwakye @ Kwabena a tricycle rider age 22 years and A2 Felix Gyekye Broni @ Kwame Antwi is a mason age 22 years all resides at Barekese. On 30/10/24 about 7:30am,police had information that accused personsare onboard a commercialsprinter bus with a sack containing electrical cables heading to Kumasi from Barekese believed to be stolen. Police quickly intercepted the said sprinter bus at the new district police along Barekese-Kumasi Road. A search was conducted on accused persons and a white sack containing burnt electrical cables was found. Accused persons claimed ownership of the ownership of the burnt electrical cables but when asked where they acquired the cables, they failed to give tangible explanation hence their arrest. Upon interrogation, accused persons admitted to stealing the cables from a house along Barekese-Offinso road. Complainant subsequently came to the station and reported to the police of his stolen electrical cables. Accused persons were cautioned and they admitted to the offences and indicated topolice that, on29/10/24around 8:00pmto10:00pm, theyscaled the fenced wall at the back of the complainant’s house and entered into the house. That they disconnected the electrical cables connecting the service pole, cut off installed 8 pieces of 14 by 3 electrical cables valued GH 42,000.00, 7 pieces of 14 by 2 electrical cables valued GH 48,000.00, air condition cables valued GH 3,000.00 and 16mm electrical cables valued GH 3,300.00 totaling GH 96,300.00 all imported from Canada installed in various rooms. After obtaining the electrical cables, bolted to their resident and burned the cables at a nearby bush. Accused persons also indicated to police that, they were going to sell the burnt cables at Suame Magazine to a scrap dealer but got apprehended by police. After investigation, accused persons were charged and put beforethis honorable court. CONVICTION ONOWN PLEA(COP) Explanation ofA1 inregardstocount 1and 3 My lady, the reason why I went to steal the cables from the man’s house is because I am disabled and I needed moneyto gotothe hospital. Explanation ofA2 inregardsofcount 1and 3 My lady, A1 is my friend and asked me to escort him to him to his work site on the evening to go for a machine. I followed him and we went to the complainant’s house. When we got there, A1 claimed the wall and entered but I was afraid of dogs so I didn’t enter the house with him. I was in the compound and A1 entered the main house and went to take the cables and put them in the sack. A1 carried the sack and threw it over the wall and left the house. We took the cables to the house and burned them at … in the morning, A1 toldme we should goand sellthe cables atmagazine so we werein the bus on the way to magazine when the investigator chased the bus and stopped us with thesack. I regretfollowing theA1, he made me gotothe house togoand steal. By court: having heard the explanation of the accused persons in respect of the count 1 and 3 respectively, accused personsdo not put forward any clearance tothe charges but admit to the charges. I therefore convict both A1 and A2 on their own plea in respect of bothcount 1and count 3.I also convict accused personsontheir ownpleafor count 2. PRIOR CONVICTION Accused personsarenot knowntothe law. PLEAOF MITIGATION SENTENCE By court:Accused personsare sentenced to15yearseachfor allthe 3offences. The sentences aretorunconcurrently considering theagesand the fact thattheypleaded guilty. H/H.NANA ADWOASERWAA DUA-ADONTENG (CIRCUIT COURT JUDGE)