AKWASI ANTWI v. THE REPUBLIC
2015
HIGH COURT
GHANA
CORAM
- HER LADYSHIP ANGELINA MENSAH (MRS.) JUSTICE OF THE HIGH COURT
Areas of Law
- Criminal Law and Procedure
2015
HIGH COURT
GHANA
CORAM
AI Generated Summary
Akwasi Antwi was convicted for causing unlawful harm to his wife, receiving an 18-year sentence. Upon appeal, arguing the harshness of the sentence and his family's need for support, as well as showing remorse, the court examined the trial judge's consideration of mitigating and aggravating factors. Although the sentence was within legal limits, it was deemed manifestly excessive given the circumstances, leading to the appeal being allowed and a reduction in the sentence.
JUDGMENT
The Appellant herein, Akwasi Antwi, was convicted and sentenced to an enhanced term of 18 years imprisonment with hard labour by the Circuit Court Juaben, for brutally assaulting his wife.
The charge was as follows:
STATEMENT OF OFFENCE
Causing Unlawful Harm contrary to section 69 of Act 29/60
PARTICULARS OF OFFENCE
AKWASI ANTWI: FARMER; On the 15th day of June, 2009 at about 12:30pm at Afraku near Juaben in the Ashanti Circuit and within the jurisdiction of this Court caused harm to one Abena Sarfowaa by inflicting deep machete wounds on her.
BACKGROUND FACTS
Briefly put, the Appellant who is married to the Complainant attacked her on her farm on 15/06/09, and succeeded in inflicting multiple cutlass wounds on her. He pleaded Not Guilty to this charge and was convicted and sentenced after a full trial on 12/02/2010. Aggrieved by the 18-years sentence imposed on him, the Appellant filed the instant petition .
GROUND OF APPEAL
The sentence was harsh and excessive.
The sole issue before this court is whether or not the 18 years sentence imposed on the Appellant by the trial court is excessive bearing in mind the circumstances of the case.
In arguing the appeal, counsel for the Appellant urged the court to consider the existence of numerous mitigating factors and mitigate the sentence. In particular, Counsel submitted that the Appellant has five children with the Complainant who are all under eight (8) years of age and that the incarceration of the Appellant has truncated their education because he was the bread winner for the family.
Counsel then invited the court to consider the fact that the Appellant has shown remorse during the five years he has been in prison. He prayed the court to have sympathy with the Appellant and mitigate the sentence imposed on him.
The Learned Senior State Attorney who was in court did not contest the Appeal against sentence. He shared the views of Counsel for the Appellant that the 18 years sentence is harsh and that the court should exercise its discretion to reduce the sentence.
It is provided under section 69 of the Criminal and Other Offences Act, 1960, Act 29 as follows:
A person who intentionally and unlawfully causes harm to any other person commits a second degree felony.
Being a second degree felony, the punishment is provided for under section 296 (2) of The Criminal and Other Offences Procedure Act, 1960, Act 30 thus:
Where a criminal offence which is not an offence mentioned in subsection