Try asking the following...
JUDGMENT
This appeal from the conviction and sentence handed down by the Circuit Court presided over by Her Honour Lily Amoah-Kankam on 15th August, 2023. The convict/Appellant was charged with the offence of Dishonesty Receiving contrary to section 146 of the Criminal Offences Act, 1960 (Act 29). Upon his arraignment he pleaded guilty consequently he was found guilty and convicted on his own plea and was sentenced to six (6) months imprisonment.
Now being aggrieved by the said sentence, the convict/Appellant has appealed to this court on the ground that: (a) The sentence of six (6) months I. H. L. is harsh and excessive judging from the circumstances of the case.
b) The court erred when it failed to consider mitigating factors in sentencing the accused.
It may be prudent to reproduce below, the facts of the case and the sentence entered by the court below, the basis for which this appeal has been launched.
It reads: “Complainant is an over the counter drugs store operator whiles A1, A2 and A3 are mason, trader and student respectively.
They all reside in Kintampo.
On 19/7/2023 about 12: 45pm, complainant reported to the police that on the same day about 6: 45pm he received information that his drugs store situated along the Municipal Assembly Road has been broken into on receipt of the information, he proceeded to the shop where he detected that thief or thieves had broken into the store through the ceiling and made away with Dell Laptop Computer and its accessories valued Ghc4, 500. 00 which were in its black pack and cash the sum of Ghc500. 00 in addition to some assorted pharmaceutical drugs which valued about Ghc10, 000. 00. In the course of investigations A1 was arrested and admitted having stolen the items. He was taken to the scene where he demonstrated how he gained access to the shop by breaking the outside ceiling before gaining access to the shop.
A search was conducted in A1’s room and a black Laptop Dell Computer pack was identified as the one he kept Dell Laptop Computer in A1 stated further that he sold the laptop computer to A2 who own electrical appliances shop at Kintampo for Ghc800. 00. A2 was subsequently arrested and he also corroborated the statement of A1, A2 further added that he also sold the exhibit laptop to A3 for Ghc1, 500. 00 A2 led the police to A3 who is a student of Kintampo college of Health and was also arrested.
The exhibit Dell Laptop Computer was then retrieved from A3. Complainant identified the exhibit laptop compute