AYIM REYNOLD v. THE REPUBLIC
2021
COURT OF APPEAL
GHANA
CORAM
- ANGELINA M. DOMAKYAAREH (MRS.) J A (PRESIDING)
- ALEX B. POKU-ACHEAMPONG, J A
- SAMUEL K. A. ASIEDU, J A
Areas of Law
- Criminal Law and Procedure
- Constitutional Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Justice Angelina M. Domakyaareh, writing for a unanimous Ghana Court of Appeal panel, allowed the criminal appeal of a 20‑year‑old KNUST student convicted of conspiracy to rob and robbery, whose sentence had been enhanced by the High Court from 14 to 20 years’ imprisonment with hard labour. The court recounted that the complainant, Edwina Jones, a UK resident staying at Chirapatre, Kumasi, was robbed at night by Mohammed Ali and the appellant; most items were recovered and the appellant twice apologized and returned the iPhone. On appeal, both the appellant and the respondent urged reduction. Applying settled sentencing principles, Article 14(6), role‑differentiated culpability, and the Juvenile Justice Act (Act 653), the court held the 20‑year sentence unlawful because the appellant was a “young offender,” and substituted concurrent three‑year terms on each count.
DOMAKYAAREH (MRS.), JA:
[1] This criminal appeal is against the judgment of the High Court Kumasi, dated 13th December, 2018. The facts of the case are not in dispute as the entire Record of Appeal consists of only thirteen (13) pages.
The Appellant, then aged 20 years according to the Charge Sheet and one other, Mohammed Ali, then aged 21 years, were convicted by the Circuit Court, Bekwai/Ashanti on 4th November, 2015 on two counts of Conspiracy to rob contrary to Sections 23(1) and 149 of the Criminal Offences Act, 1960 (Act 29) and Robbery contrary to Section 149 of the Criminal Offences Act, 1960 (Act 29) on their own plea of “Guilty”. They were sentenced to 14 years IHL each on each count, both sentences to run concurrently.
Facts:
[2] The complainant, one Edwina Jones, lived at Chirapatre in Kumasi but was ordinarily resident in the United Kingdom (UK). On Saturday, the 31st of October, 2015 around 10:00pm, she and her friend, one Naomi were walking towards her house at Chirapatre and passed the two accused (now convicts) sitting on a wall. When they turned round, the complainant saw that the two convicts were walking behind them. She became scared and asked her friend to stop for the two to bypass them. As the two convicts passed the complainant and her friend, they jumped in front of them and the 2nd convict brandished something shining like a knife and said “give me your stuff”. The complainant who had a black bag containing money (GH¢680.00 and £100.00), visa card, make up and her i-phone 6 threw the bag away and the 2nd convict retrieved it and they both ran away. The complainant and her friend alerted neighbours but no one came to their aid. Early the following day, the complainant and her friend went to the Police Station, reported the incident and gave their Statements. Three hours later a crowd came to Naomi’s house with the two convicts and the complainant identified them as the boys who robbed her the previous night. The 1st convict, the Appellant herein, then collected the complainants phone from one of the other guys and returned it to her with an apology. The Police arrived shortly thereafter and arrested the two convicts. Upon further investigations by the Police, the two convicts admitted the offences in their Cautioned Statements. They were then charged before court for the offences afore mentioned. After the convicts were charged before court, the Appellant herein apologized once more to the complainant and promised to get s