The three {3} offences for which the defendants were arraigned
before this court, are criminal conspiracy, causing grievous hurt
and robbery contrary to sections 97, 248 (2) and 298 (c) of the
penal code respectively. The three {3} sections provide as
follows:“97(1) whoever is a party to a criminal conspiracy to commit
an offence punishable with death or with imprisonment shall
where no express provision is made in this penal code for the
punishment of such a conspiracy, be punished in the same
manner as if he had abetted such offence.
248(2) whoever except in the case provided for by section
245, voluntarily causes grievous hurt by any of the means
mentioned in subsection (1), shall be punished with
imprisonment for a term which may extend to fourteen years
and shall also be liable to fine.
298 Whoever commits robbery shall be punished:(C) if the robbery is committed by any person armed with
any dangerous or offensive weapon or instrument, to
imprisonment for life or any less term and shall also be liable
to fine.”
At paragraph 4.5 of their adopted written address, the defence counsel
submitted that looking at the evidence of PW1, PW2 and PW3, the only
evidence adduced by the prosecution against the defendants, once the
statement of the three {3} defendants marked as exhibits ‘B’, ‘B1’, ‘C’,
‘C1’, ‘D’ and ‘D1’ respectively.
He further submitted at paragraph 4.6 of their adopted written address
that even though the defendants appeared to have admitted committing
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