ARDU MOHAMMADU v. THE REPUBLIC
2016
COURT OF APPEAL
GHANA
CORAM
- ADJEI, JA – PRESIDING
- SOWAH, JA
- MENSAH, JA
Areas of Law
- Criminal Law and Procedure
2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The appellant was convicted for stealing and threatening to kill his father. He was sentenced to ten years imprisonment on each count, to run concurrently. His appeal against the conviction and sentence was dismissed by the High Court Nkawkaw. He then appealed again on the grounds that the submissions on his conviction were inadequately considered and that the sentence was excessive. The appeal court upheld the conviction but found the ten-year sentence to be excessive for a first offender. The court reduced the sentence to five years for each offence, to run concurrently. The judgment also touched on the requirement for specific grounds of appeal, the importance of avoiding miscarriage of justice, the principle that maximum sentences are for the worst cases, and the need to consider mitigating factors when sentencing.
ADJEI, J.A:
This is an appeal against the judgment in appeal delivered by the High Court Nkawkaw on 16th January, 2015.
The brief facts of the case were that the appellant herein was arraigned before the Circuit Court Mpraeso for the offences of stealing contrary to section 124(1) of Act 29/60 and threat of death contrary to Section 75 of Act 29/60. The accused person is the son of the complainant in the criminal suit before the trial Circuit Court. According to the facts as presented before the trial Circuit Court, the accused person stole two cows from his father’s kraal and sold them in the presence of other people. The accused person threatened to kill anyone who would disclose to the complainant that he stole the cows and sold. Unfortunate for the accused person, one of the persons who were present when the complainant sold the cows informed the complainant. When the accused person heard that the complainant had heard that he stole the two cows called the complainant on telephone and threatened to kill him.
The trial Circuit Court convicted the accused person on his own plea and sentenced him to ten years imprisonment with hard labour (IHL) on each count and the sentence were to run concurrently.
The appellant dissatisfied with the ten years imprisonment imposed on him appealed to the High Court Nkawkaw against both conviction and sentence. The High Court dismissed both conviction and sentence and said that sentences were not harsh and will not interfere with the discretion duly exercised by the trial Circuit Court.
The appellant appealed against the judgment by the High Court which affirmed the decision of the trial Circuit Court delivered on 13th February, 2015. The two grounds of appeal filed by the appellant are as follows:
“1. That the High Court judge failed to consider adequately the submission made by Counsel for the appellant on the conviction of the appellant and
2. That the sentence imposed is harsh and
excessive”.
There was an indication to file an additional grounds of appeal but was not filed.
We would like to comment on the first ground of appeal which is to the effect that the High Court Judge failed to consider adequately the submission by Counsel for the appellant on the conviction of the appellant. The ground of appeal is vague and ordinarily should have been struck out. A ground of appeal shall be specific as to which part of the judgment is to be attacked and the only exception is the omnibus ground in criminal appeal t