ADAMU KWABENA VS THE REPUBLIC

APPEAL - JUDGMENT

The appellant herein and others were tried by the Circuit Court, Dambai on 6 th Day of December 2023 on a charge of Conspiracy to commit crime to wit Assault contrary to Section 23 and 84 of the Criminal and Other Offences Act 1960 (Act 29), Assault contrary to Section 84 of Act 29, Causing Unlawful Damage contrary to Section 172 of Act 29, Stealing contrary to Section 124 of Act 29, Possession of Fire Arm and Ammunition without lawful authority contrary to Sections 11 and 26 of Arms and Ammunition Act 1972 (NRCD 9) (As amended by) the Arms and Ammunition(Amendment) Act, 1996 (Act 519) and Arms and Ammunition (Amendment) Act, 2001(Act 604). They were all convicted on their own plea and sentenced accordingly.

The appellant alone was convicted on his own guilty plea on the charge of Stealing contrary to Section 124 of Act 29 and sentenced to a term of 36 months in prison.

It is this sentence that the appellant is appealing against on the ground that the sentence of 36 months in prison is harsh.

The statement and particulars of offence reads: STATEMENT OF OFFENCE Stealing contrary to Section 124 of the Criminal and Other Offences Act, 1960 (Act 29). PARTICULARS OF OFFENCE Adamu Kwabena, 35 years (Farmer) for that you on 01/12/2023 at Katafua near Kpelema in the Oti Circuit in the Republic of Ghana and within the jurisdiction of this court, you dishonestly appropriated one cutlass value Ghc150. 00, a Techno mobile phone value Ghc250. 00 and a black hung bag containing physical cash the sum of ghc1500. 00 and two identification cards all totalling Ghc1900. 00 the property of Ademu Mohamadu.

The appellant pleaded Guilty and was convicted and sentenced to 36 months prison term IHL.

The Trial Judge stated as follows: “All the counts run consecutively and the single barrel gun to be produced within 24 hours and when produced to be destroyed by the police.

The accused persons to compensate the 3 rd complainant with GHc6, 000. 00. All the retrieved items be returned to the complainants. ”The appellant herein being aggrieved by this sentence caused his lawyer to Appeal to this Court against the sentence with the following grounds of appeal: 1. The sentence of 36 months prison term IHL is harsh.

FACTS OF THE CASE The facts of the case as per the Charge Sheet is that the complainants Ali Batsuyor, Ademu Mohamadi and Kadija Ibrahim and the convicts are cattle farmers who stay at Katafua a village near Kpelema.

The convicts who claimed have witn