ABU MOHAMMED VS THE REPUBLIC
2024
SUPREME COURT
GHANA
CORAM
- BAFFOE-BONNIE JSC (PRESIDING)
- ACKAH-YENSU (MS.) JSC
- KOOMSON JSC
- KWOFIE JSC
- DARKO ASARE JSC
Areas of Law
- Criminal Law and Procedure
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The appellant, aged 20, participated in a robbery on March 25, 2011, during which he injured two people. He was convicted on two counts and sentenced to 25 years imprisonment, later reduced to 21 years and eight months by the Court of Appeal. The Supreme Court upheld this decision, rejecting the argument that the appellant, as a young person, should benefit from the juvenile sentencing provisions of Act 653. The court emphasized that serious offenses like robbery, especially involving the use of weapons, mandate substantial sentences and do not qualify for the lighter sentences assigned to juvenile offenders.
KOOMSON JSC:
My Lords, The core issue that we have been called upon to adjudicate is as to whether or not a person who is over 18 years old but under 21 years, in this instance a 20-year-old, can be sentenced to a term of imprisonment of more than 3 years in the face of Section 46(1) (d) of the Juvenile Justice Act, 2003, Act 653. FACTS OF THE CASE The facts leading up to the instant appeal are that on the 25th March, 2011, the Appellant together with four others attacked a Total Filing Station on the Bawjiase Road in Kasoa.
They took away mobile phones, an amount of GHC 4, 000 and a lady’s handbag containing her valuables.
In the process of the robbery, the Appellant fired a gunshot at the 1st and 2nd Prosecution witnesses injuring them on the left thigh and left knee respectively.
The Appellant herein was arrested by a mob at the scene while trying to scale the fence wall of the Filling station whilst 2nd accused person, who was discharged, was arrested at a later date.
On 29th November, 2012, the Appellant together with the 2nd accused person were arraigned before the trial High Court, Accra on two counts of conspiracy to commit robbery and robbery pursuant to sections 23(1) and 149 of the Criminal Offences Act, 1960, Act 29 as amended by the Criminal Offences (Amendment) Act 2003, Act 646. The Appellant was convicted by the Court of first instance and sentenced to 25 years imprisonment (IHL) on each count, which was to run concurrently.
Appellant dissatisfied with the judgment appealed to the Court of Appeal.
COURT OF APPEAL DECISION The Court of Appeal in dismissing the Appellant’s appeal considered the period of 3 years, 4 months that the Appellant had been in lawful custody before his conviction and sentence.
The Appellant’s sentence was reduced to 21 years, Eight months imprisonment IHL.
The Court of Appeal held as follows: “The Juvenile Justice Act, Act 653 deals with juveniles who commit crime.
The 1992 Constitution of Ghana pegs the age of majority at 18years.
Similarly, Section 19 (14) of Act 653 provides that “Where it appears to the Court that the person brought before it has attained the age of eighteen years, that person shall for the purpose of this Act be deemed not to be a juvenile and shall be subject to the procedure Act’ (our emphasis). From the two provisions i. e. the Constitution and Act 653, quoted supra, when a person is eighteen years and above or below 21 years and commits an offence, he is to be tried in the regular