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March 14, 2023
HIGH COURT
GHANA
CORAM
The appellant who is aged 25 years was charged with the offence of Stealing Contrary
to Section 124(1) of the Criminal Offences Act, Act 29/60 as amended by paragraph 4
of NLCD 398 of 1969, and put before the Circuit Court, Ho on May 26, 2021 when
arraigned, pleaded guilty and was sentenced to five (5) years imprisonment IHL.
Brief facts of the case are that, on the 19th May, 2021, complainant detected that his
vehicle with registration No. GN 3365 -13 was stolen though the key was in his
possession. A formal complaint was lodged. Police at Ahamansu barrier later
intercepted the car which was in possession of the accused/appellant enroute to Yendi.
The accused/appellant was arrested and after investigations he was charged with the
offence of stealing.
After securing leave of the court to appeal against the sentence, the instant appeal was
launched.
His grounds of Appeal are as follows;
That he is a first offender.
That he did not waste the time and resources of the State.
That the stolen item was retrieved and handed over to the complainant.
That the 5 years IHL is harsh.
It is noted that he is not represented by a lawyer. The Republic submitted that, it is
not opposed to the appeal however the discretion of the court be exercised to punish
appellant to reflect the crime he committed.
I have examined the entire appeal record painstakingly and read the judgment of the
trial court. His reasons for handing down the 5 years IHL on the appellant is
justifiable. Appellant is just 25 years old who should either be in school or engaged in
some meaningful vocation to better his life but he chooses the path of get rich quick.
The explanation he gave for stealing the car is most annoying to put it mildly.
It is noted also that the trial Circuit Judge took into consideration all the relevant
factors before sentence. But appellant having invoked the Judicial mercies of this
court, I am minded to review downward the 5 years IHL handed on the appellant.
The following are the reasons I think the appeal should succeed.
It is a known fact that our prisons are full of young men who should be out there
fending for themselves. Though not to justify crime, this court is of the view that the
court should punish the offenders yet not so much as to put more burden on the
already lean purse of the State.
I also take into much consideration the age of the appellant who must be given a
second chance to reform.
Also from the record, there
AI Generated Summary
This High Court sentencing appeal concerns a 25-year-old appellant who pleaded guilty in the Circuit Court, Ho, to stealing a motor vehicle with registration number GN 3365-13, an offence contrary to section 124(1) of the Criminal Offences Act, 1960 (Act 29), as amended by NLCD 398 of 1969. Police at the Ahamansu barrier intercepted the vehicle en route to Yendi and arrested the appellant. The Circuit Court imposed five years’ imprisonment with hard labour. After obtaining leave, the appellant challenged the sentence, relying on his first-offender status, remorse, guilty plea, recovery of the vehicle, and lack of harm. The Republic did not oppose the appeal but requested a punishment reflective of the offence. Justice Charity A. Asem (Mrs) concluded that, while the trial court’s reasons were justifiable, mitigating factors and the need to avoid undue burden on state resources warranted a downward review to three years’ imprisonment, effective 26/04/2021.