AARON NANA TWENEBOAH vs REPUBLIC

The Appellant herein filed a petition of appeal on the 25th of April 2024 against the sentence imposed on him by the Adentan Circuit Court. The appellant and one another James Akwasi Laar were arraigned before the court and charged with the offence of conspiracy to commit the offence of stealing contrary to sections 23(1) and 124(1) of the Criminal Offences Act 1960 (Act 29), the offence of unlawful entry contrary to Section 152 of Act 29/60, two counts of stealing contrary to Section 124 of Act 29/60 and causing unlawful damage contrary to Section 172(1) of Act 29/60. The appellant and the co accused pleaded not guilty to the offences charged and after a full trial, they were sentenced as follows:

Five years IHL for the offence of conspiracy to steal

Five years IHL for the offence of unlawful entry

Seven years IHL for the offence of stealing

Five years IHL for the offence of causing unlawful damage and also to pay a fine of 250 penalty units in default two years IHL.

The A2 was also to pay compensation of 5,000 penalty units to the HVGC which may be recovered through civil proceedings for the damage to the safe.

The sentences were to run concurrently.

It is against this sentence that the appellant filed the instant appeal.

GROUNDS OF APPEAL

The sole ground of appeal filed is that

i. The sentence is too harsh and thus pray for a drastic reduction.

FACTS OF THE CASE

According to the prosecution, the complainant is the Manageress of Hill view guest house located at Teiman. First accused James Akwasi Laar is a worker at the facility and Aaron Nana Tweneboah was a former worker of the facility. On 17/05/2021 at about 9:00am the complainant came to work and detected that uninstalled safe containing 2240 US dollars, 9176 euros, GH¢310,000.00, two cheque booklets and personal documents in the office of the executive director was stolen and subsequently, a report was made to Kuottam police. Upon watching the footage of the closed-circuit television (CCTV) installed at the scene, the first and second accused persons were captured in the act of conspiring and stealing of the safe, which they finally hid in the car boot of the second accused and they drove off. On the strength of the footage, both accused persons were arrested and detained.

During a search on them, an amount of two hundred and five thousand nine hundred and ten (205,910.00) was found in the room of the second accused concealed in a black bag. However, the second accused confessed t